Eviction by daughter

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

Check the Shelter website :

england.shelter.org.uk/

They hadn’t changed a year ago petra

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

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

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.

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 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.

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

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

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?

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.

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

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

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

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?

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.

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,

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 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.

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.

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.

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.

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.

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

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 luck