Eviction by daughter

I too have sympathy with the debtors who didn't get paid because the ownership of the house was transferred. Surprised that was allowed to happen at the time.

I hope you are able to sort things out.

I'm sorry that you've fallen out with your daughter and that she would evict her own mother.

My sympathy is tempered by you giving her the house to save it from creditors - they too lost money. Had you not given it to your daughter you would have lost it back in 2007.

I don’t think Spring has said that the property was transferred in advance of the bankruptcy to save it from creditors. If this was the case I’m pretty sure it would be deemed to be a bankruptcy offence but in the op the house transfer is mentioned following the bankruptcy.

Whatever the case, and as Spring has no legal claim to the house, in her case I’d be more inclined to make a clean break and put my all into getting resettled I could call my own rather than put myself through possibly costly and certainly very stressful legal action of any kind.

It might be worth approaching housing associations directly while she’s waiting for the council to find her somewhere.

It’s a very sad and shocking thing to be treated in such a way,

My husband, who was bankrupt, had amongst other things, his share of the equity in the family home realised & used to pay his creditors.
It was only after that was settled, we put the property in my DD’s name.

The manager of the homeless section is dealing with my ‘case’ personally

The grounds for eviction are
1. DD wants to repossess it to live in it.
2. I replaced a corroded & leaking radiator that had flooded my hallway without informing or getting permission from my DD/LL.
Thus broke the tenancy agreement.

We had no communication and I needed to get it fixed immediately.
I sent DD the bill later.
But
It is one of the ‘rules’ that a LL must be contacted first.

However, even if that had not been an issue.
A Landlord wanting to move back into their own property to live cannot be challenged by a tenant.

Thank you for all your suggestions & comments.

Encouraged by her father who has been after the equity in the ‘family home’ since we separated’

This is the bit I don't understand. You say your husband's share in the family home was realised and used to pay creditors. How was the money raised if the house wasn't sold and was then put in your daughter's name and how can he now want his share if he's already had it?

Yes, I was about to ask this, plus if the house is now owned by your daughter he has no share.

DH & I owned property.
DH bankrupt - not me
His half of equity paid creditors.
My half of equity given to DD as deposit to get new mortgage for property. (So we could remain living in it)
DD now legal owner.
But DH & I always financed mortgage payments. DD never paid.

Even though, years ago, DH’s half equity paid creditors, he is conveniently is using the equity held in the family home TODAY as his rightful 50/50 share and ignoring the amount he forfeited through his bankruptcy.
Legally, of course, it’s only DD who has any equity

Ultimate, as others have said. The property is only bricks and mortar.
It’s the fact that my own daughter could do this. I am heartbroken and utterly bewildered because I believed I knew her soul and never thought she was even capable of doing such a thing

Spring
Apologies if I sound confused but in your OP you said you claimed housing benefit, I assumed that was to pay your daughter rent.
@21.42 you say that you and your husband financed the mortgage payments and daughter never paid.

Thank you for explaining Spring. Did you get legal advice at the time the transfer was made? I don’t feel as though I should keep asking you questions but how was your husbands equity used to pay the creditors if he still kept the ownership?

It’s the time line of events that’s obviously confusing.
My husband has not legally owned the property since he became bankrupt & DD took over.
But because it’s been the ‘family home’ and he has financed DD’s mortgage payments from his wages...he believes he ‘morally’ is entitled to the equity now

So when DH & I were married , we financed the mortgage payments. When we separated, I claimed housing benefit

I still don't understand how your DH's half share in the house could be used to pay creditors without it being sold. He wouldn't have been able to get a loan against his share if he was declared bankrupt.

Spring, did you claim Housing Benefit to pay rent to your daughter - and also pay the mortgage? If so, it just seems very odd.

If you just paid the mortgage then you have no records of rent payments so nothing to help you prove tenancy. But as you cannot claim Housing Benefit for mortgage payments I'm confused.

I don’t understand how housing benefits are allowed , here housing benefit isn’t given if the property is rented from a
member of the family.

I hope this is all resolved eventually. It is so sad for you.

As someone else said you should definitely tell the Housing people that you need your case seen by an impartial officer as it is your daughter, their employee, who is evicting you.

Please read this, it talks about your rights as a tenant and if it is your solicitor telling you there's nothing can be done, you might need to change.

www.gov.uk/private-renting

Annie
I thought the same as I helped a friend sort this problem some years ago.
I assumed the rules had changed.

They hadn’t changed a year ago petra

Check the Shelter website :

england.shelter.org.uk/

ExH won't get any equity if D is going to live in it.
That's his problem, of course.

In my experience, councils will still pay housing benefit if the landlord is a family member but only if they are satisfied that it is a proper tenancy and not a manufactured one.

If they knew the circumstances here (ie., that the property had been transferred from Spring to get daughter) I think any council would be reluctant to accept a housing benefit claim, but it seems that they did and I can’t really understand that.

I still don’t understand how equity can be used to pay debts without the house being sold. Unless a second mortgage was taken out and I can’t see a bankrupt person getting one.

As others have said , I think you were very lucky to get HB. At one point HB would not have been paid if the tenant was the former owner of the property. I assume that HB has actually paid the mortgage payments?

I wanted to rent a property from a member of my family to
move on health grounds, no way could I get help with the rent.

Rules were recently changed re landlord bring able to use section 21 to evict.
They have to either:
1) Be selling the house and PROVE that they are doing so because they want to live there themselves or
2) You have defaulted on rent
Daughter will have to take it to court..
Ring CAB for all the latest on your rights as a tenant.
She cannot just evict you.

Those questioning how the husbands share of the house could be used to pay off debts - have you never heard of equity release?

Someone starts a thread basically opening her heart about the pain she is suffering and all some can do is question why she received Housing Benefit.

Fortunately others have some compassion and have offered some very good advice