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Eviction by daughter

(70 Posts)
Spring Sun 01-Sep-19 12:16:15

Lived in family home over 30 years.
DH business failed/bankrupt.
2007Transferred legal ownership to DD who became our landlord.

2015 separated from Husband
I was Forced to claim housing benefit.
And signed a tenancy agreement with no end date.

2017 estrangement from daughter as she first took my ‘side’. Then her fathers.

2019 Daughter now evicting me.
(Encouraged by her father who has been after the equity in the ‘family home’ since we separated’
I have been told by the lawyer she has every legal right to evict me as she is the owner.
Refuses all communication except through lawyers, which reads very aggressive and is consistent re my eviction. She denies any life tenancy to me.

Im heartbroken re the estrangement and now this.
I will never get over the loss, hurt & betrayal. I see no future

Urmstongran Sun 01-Sep-19 12:41:13

This is beyond sad. A double whammy.
I have no advice, only words of comfort as I didn’t like to read and run.

phoenix Sun 01-Sep-19 12:50:40

So sorry to hear of this situation Spring, I think you should seek advice, either from a solicitor or CAB.

Chinesecrested Sun 01-Sep-19 12:58:48

Hopefully you will have enough cash to go and rent somewhere else. Not wishing to sound unsympathetic, but you are only renting atm anyway, even though it used to be the family home. It might help you to move on once you are not living in a house full of emotion and memories.

EllanVannin Sun 01-Sep-19 13:04:37

Goodness me. You should now go to a housing authority and tell them that you've been made homeless or you'll end up on the street.
How evil to turn like that, I couldn't do it to an animal let alone my own flesh and blood.
That's the thanks you get for helping someone out of a hole. If this doesn't make you stronger, I don't know what will !

Difficult I know, but at this juncture you've got to remain strong and first and foremost get finding a home for yourself, preferably as far away as possible and start a new life for yourself.

Beckett Sun 01-Sep-19 13:07:25

So sorry to read this - unfortunately it is not unusual.

I recall a (former) friend who with his wife moved into his mothers house ostensibly to take care of her. They persuaded her to transfer the title of the house into their names (I tried to talk her out of it). She and the DiL fell out and they evicted her. She lived out the rest of her days in a small shabby flat (all she could afford) whilst her son and his wife lived mortgage free in her old home.

I agree with others suggestions to get legal advice or at the very least visit CAB

Did you get legal advice when the property was transferred - any responsible solicitor would have suggested it have a clause which allowed you to remain in the property - paying rent until either your death or you choosing to move out.

Spring Sun 01-Sep-19 13:47:31

Thank you for your replies.
I left the legal transfer to my DD in the hands of the solicitor at the time.
Yes, with hindsight, I should’ve insisted on the life tenancy clause.
Didn’t know about it then, nor could foresee current events.
My DD has never contributed to the mortgage in any way . My solicitor says legal ownership is all that counts.

I have approached my local council and I’m on their homeless list.
My daughter is one of their homeless officers (you couldn’t make it up!)

I am emotionally tied to my family home, but I know I will settle somewhere else (eventually)

I just do not see how I will ever get over the loss and upset of the estrangement with my daughter.

Beckett Sun 01-Sep-19 13:53:51

Thinking about this - if you have a tenancy agreement with no end date I didn't think you could be evicted as long as you have kept to the terms of the agreement.

wildswan16 Sun 01-Sep-19 13:54:44

I do hope you find a new home where you can feel comfortable and at peace. To be honest, staying where you are after all that is happened might be just too stressful.

Sometimes we just have to take a deep breath and start our lives over again in a new place, with new opportunities and new experiences to enjoy.

I hope you have friends and professionals to help you through what will inevitably be a fraught few months and I'm so sorry how things have turned out for you.

crazyH Sun 01-Sep-19 13:58:18

Spring, how terribly cruel life can be . I think you are more hurt about your daughter's behaviour, than anything else. The family home is just bricks and mortar. You can make a 'home' for yourself anywhere.
I was emotionally tied to my home. But due to divorce, had to move.
I hope you will feel more settled once you get your new place. All the best spring !

Luckygirl Sun 01-Sep-19 13:59:28

How sad - and what a challenge at this time of life. I hope you get all the right advice you need - although the original solicitor sounds as though he/she failed you.

Good luck.

glammanana Sun 01-Sep-19 14:12:48

What a horrible turn of events I've never read of anything so heartless specially with your DD being a homeless Housing Officer it beggers belief.
In cases like this you are not tecnically classed as homeless until the day baliffs arrive to take possession of the property on that day you would have to present yourself to the HA homeless centre,what a terrible thing to be faced with specially with your DD being the LL causing the eviction.
Is there any way another member of your family can make them see sence and talk to them I feel so sorry for you.

Hetty58 Sun 01-Sep-19 14:22:51

Was the property transferred to avoid payment to your husband's creditors? If so, I feel sorry for them too.

The house belongs to your daughter now but do you have a copy of the tenancy agreement? If not, demand that she produces it when you take her to court.

Smileless2012 Sun 01-Sep-19 14:43:20

shock Is your local council aware that one of their homeless officers is evicting her own mother Spring? I'd make sure that they do.

That said my anger on your behalf isn't going to do you any good is it. Once you have been made homeless the council will be obliged to give you assistance if you haven't been able too, or aren't in a position to find somewhere to live.

You said your D's being influenced by her father as he wants the equity in the house but she'd have to sell the house first, and could a D whose prepared to evict her own mother be trusted to do that; to give her father money that he has no legal right too when she wont uphold her moral obligation to her mother.

I understand your pain and distress so you might not wish to consider this but you could ignore your D's lawyer's letters. She would then have to go to court, usually the County court and then the High court. This takes time and expense and she may not get her eviction notice upheld by a judge.

There is a future for you even though of course you can't see that at the moment so please don't think you haven't got one.

I'm so very sorry for your situation and that is so inadequate in the circumstances, I wish there was something else I could say.

Both your post and Beckett's made me cry. What is wrong with some people that makes them so cruelsad.

Daisymae Sun 01-Sep-19 15:50:52

The number of times I have read about this type of case, it must be a stark warning for anyone considering signing over their property. I would certainly get more legal advice too. Go back to the original solicitor and tell them about the plight you are in. You may be covered for legal expenses under your home insurance.

Loislovesstewie Sun 01-Sep-19 17:23:57

If you have a tenancy agreement then exactly what does it say? If you are in England then usually you would be given an assured shorthold tenancy, occasionally an assured tenancy . The difference being that an assured tenancy is more secure and the tenant can only be evicted if a condition of the tenancy is broken. If a solicitor is saying that she is able to evict you and has done nothing wrong then I would believe that is the case. I think we need more info.

NudeJude Sun 01-Sep-19 17:47:09

I'm sure that you won't want to do this, but personally I would be tempted to go to the local paper and tell them that your daughter, who is responsible for re-housing homeless people is actually evicting her own Mother, making her homeless!! At least it would be revenge of a sort, although, as I said, I doubt due to maternal instincts that you would do it, but it's really what she deserves. I don't know how she can be such a heartless bitch to her own Mum, and that's from someone who has has also suffered severely at the hands of her own daughter over recent years. I have tried so hard to forgive her, thinking that the bond between Mother and child could never be broken, but it has, and she has literally broken my heart. We are only human, and to be hurt so badly by a child that you gave life is beyond evil. Sorry, I know that's harsh, but the way some of our kids treat us as we get older is heartbreaking.

Anyway, whatever you decide to do, I wish you all the very best and please, please, don't give up on life although I'm not surprised that you want to after being treated so abominably.

cornergran Sun 01-Sep-19 17:59:02

I’m so sorry for your understandable pain. What a mess. You’ve done the right thing and sought legal advice as well as contacting the housing office. Please do make contact with whoever the manager is and insist that someone other than your daughter manages your housing needs. Enough pain without it being added to. Wishing you peaceful, secure future. Please keep talking to us, there will be a lot of support here,

BlueBelle Sun 01-Sep-19 18:05:34

Gosh you couldn’t make it up could you what a nasty story I don’t have any advice that you haven’t already been given but I just wanted to offer you a heartfelt ‘so sorry’ I can imagine the double heartache you are feeling She’s got to be pretty heartless to do this

sodapop Sun 01-Sep-19 18:10:47

I'm really sorry too Spring what an awful situation to be in. I agree with cornergran make sure your housing office allocates you a worker who is not involved in any way with your family. Talk to the CAB as well.
I hope things work out for you, a home is where you are settled,safe and happy, a house is just bricks and mortar. Good luck.

Cherrytree59 Sun 01-Sep-19 18:24:15

Hi Spring I am so sorry to read of your plight.sad

Is there a chance that although your daughter is estranged, she will pull a few strings as housing officer to help with your accommodation?

I know this is not what you want and must be aching for the mother daughter relationship you once enjoyed.

I hope that you are able to act on some of the advice given by the wise GNers and find a solution.

Wishing you luckshamrock

Hetty58 Sun 01-Sep-19 18:26:07

Don't just agree to leave. Make sure that it goes to court. Even if the court decides upon eviction, do not cooperate and delay as long as possible (until the bailiffs come) as you have no obligation to be helpful in any way.

Susan56 Sun 01-Sep-19 18:31:40

Spring,I am so sorry for this dreadful situation you find yourself in.I feel that you should make an appointment with the CAB as a matter of urgency and ask that in view of your daughter being the housing officer that somebody could be appointed to advocate for you to make sure you are treated fairly.
I think you have to put yourself first,take everyone else out of the equation,much easier said than done I know,and fight for yourself and the best outcome and property for you.I do think you need someone fighting your corner and if the story gets out in the local area/paper which it possibly will,put yourself first.

Loislovesstewie Sun 01-Sep-19 18:48:32

BTW , it is usual in these circumstances for an officer of a local authority to be barred from dealing with a relative . so, she should have no input at all into the homeless application and would not be able to allocate any property to her mother. In effect she would not be able to influence any decision at all. It is usual in these cases for a senior officer to be very involved to ensure that there is no undue influence and that everything is above board.

sunseeker Sun 01-Sep-19 18:53:59

Contact Shelter, they will give you advice about whether the eviction is legal or not and may be able to help you fight it if that is what you want.