Updating post from Reddit.

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QUESTION
Posted by No_Indication_4462 3 weeks ago
Family member allowed individual to stay on a verbal agreement in exchange for work to be done. Now hasn't left and is being evasive whilst taking 'official steps' re paper trail and utilities

Feel free to ask anything I may have missed

I need advice on behalf of a family member who has an individual living in her 2nd property on a word of mouth agreement.

said individual was to get 2 years rent free in exchange for home improvements and handy man work. they were good friends at one point, mutual companions in elder years per se.

I have been concerned from the get go.

When my Aunty purchased, she sold her previous property and put down lump sum, resulting in 50k balance outstanding and was borrowed as an interest free low payment mortgage and then subsequently paid off in full. Minimal paper trail on her part is my point there.

There's no paper trail of lodger paying bills, and the 'lodger' lived there with her for many years. I'd class them as companions, but not actually in a committed relationship.

Ldger is a nasty piece of work, manipulate and narcissistic- without going right into one, an instance being that he got my aunty arrested and bail conditions invoked to restrict her from HER OWN HOME - benefit of the doubt given when the opportunity then rose for her to get the house gutted and him to get rent free lodgings. But he's laughing since all bills included and it's almost a year past.

At this time he bought food, misc contributions NO PAPER TRAIL.

Property laid empty, required extensive clearance from years of hoarding and some touch up maintenence. lodger claims he spent 30k, although I'm not an interior designer I can judge it to be not any more than 10k and that's being generous.

rumours that worry me is he has allegedly been involved in criminal activities, the concern being money laundering - falsified receipts?

the verbal agreement was that he was willing to have the home habitable again for family and it needed tender loving care.

he has not paid a penny to ANY bills, apart from a TV license which was a written cheque. Since his time ceased, his friend has been making bank transfers [of such an insulting amount but anyway] into my aunty's account - despite my anxiety of paper trail!

he is currently contesting the will of his late mothers and his family have accused of foul play, coercion and falsified signature - on going case so in regular contact and meetings with a lawyer.

my aunty is a soul that will go above and beyond to help anyone and everyone , often resulting in her kindness being taken for rajness and hurt for trying to do right. She's been burned so many times and cannot learn, but I wouldn't change her for the world. infact, if only more people had her ways.

so, basically I'm trying to find out does lodger without any written agreement, next to no paperwork [actually Virgin Media recently installed] could potentially have any legal claim or recourse to staying there?

I've had frightening thoughts that he'll attempt to debate being common law husband and wife and demand a stake of the property.

"tender loving care for family" so, as such, we visited being in the area. he did nothing but make us feel uncomfortable and his traits and mannerisms resulted in getting the boss to confront [my aunty] - she is reluctant to be involved because the arrangement was with her NOK but now everyone is seeing them for what they are - a nasty and dangerous individual.

ftr, my aunty was arrested under a fabricated story, he took a scourer to his face and dramatised a ficticious event- however, despite her being of pension age, she was a bit of character and rebellious individual, let's say Roberta Wood, Robins second cousin :-] so that instantly went against her - she could've actually been remanded!

So property in Scotland, was bought approx 2008. maybe 200k, but 50k interest free, DD by aunty. within a couple of years cleared in full. Lodger bought food and general household goods. property lay empty for years and they reunited as civil friends. As I said work needed done and he was in the rut regarding the inherited property [so homeless] BUT, my aunty paid gas, electric, council tax, tv license, virgin [until cancelled] home insurance- when I investigated market value and rental income, it sort of equated his DEAL. He is for from thick. His eyes are black as death and a void. LOL, sorry for the excessive rant. I love her to bits, I can't see her facing this kind of stress. She's nearly 80 and with their sketchy history I know she'd lose the plot (playing into his games) due to the fact that is her immediate familys inheritance. I think I would gladly face prosecution if a simple GET OUT meant nothing.

For a long time no mail has ever went to that address, so I gather he is returning to sender [since a company used electoral roll to trace her to my abode (we were previously joint on a credit card agreement CRA data to trace)

Also upon inspection when visiting, it's clear that others ARE or HAVE been staying, it's a massive 3 bed semi detached high ceiling property. front and back, garage, large dining room and kitchen. Best is, if he was up front with arrangement and had it to be some benefit all round - she would have NO ISSUES.

Now, my aunty furnished it with a brand new bathroom suite and EVERYTHING when initially purchased.

The 30k result from lodger (which he did then voiced, but never provided receipts, just states he has them) was a new kitchen - i believe he just had the unit doors painted and the bunker replaced. new living room carpet, some living room furniture. 3 rooms painted and about 50+ dust collecting ikea plants. Bedding, kitchen items. replaced the washing machine for a down graded model. ugh. I guess my discontent comes from knowing his history, personally and general dislike that my gut feeling is right. he's fabricating something practical to present that he has a legal right to stay or a claim to property?

I've heard of common law husband wife. I guess it would be word against word, which goes more in her favour- I'll not elaborate there - still a potential issue to face, maybe?

Blatant lies that he paid for everything, bills the lot. the recent bank transfers are now a paper trail, utility contract from Virgin no doubt 24m now installed.

I really would appreciate any input on this matter or advice. sorry it's over the place, I'm battling personal issues but peace of mind for everyone involved would be ideal.

I know she is due to meet a legal representative for other matters but in the mean time if anyone knows any laws,advice or experience to share?

TIA so much!

I feel I have repeated so much. My fingers just danced and tapped with frustration, anger, and love.

TlDr. Family member has individual staying, house in Scotland, mortgage free. Verbal agreement, has now ended , now 'tenant' has not left. Started paying pittance via bank transfer [paper trail i don't like - for someone old fashioned in any other situation] and taking out a utility contract.

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Posted by Boboshady 3 weeks ago

Based on what you say, this lodger will have a claim on the house. It sounds like he's paid for maintenance, upkeep, towards bills (food and such) etc. for years. his side of the story could be very different - "someone I thought loved me, who I've looked after for years and contributed towards the house etc, is suddenly trying to say I'm nothing more than a lodger and is trying to boot me out of the house we built together."

Speak to a solicitor. Don't waste your free initial consultation with all of that back story, state the facts as you know them, and start from the problem, not the background.

If nothing else, most of what you typed above has no legal bearing as it's opinion and hearsay.

Your problem is, your aunt has a lodger who has never had a written agreement, and has been asked to leave. Since they were asked to leave, they've started creating a paper trail of sorts, which you suspect is to generate legitimacy around a claim on the property. They have also contributed to the upkeep of the house in the past.

Don't lie, or get stuck on your opinions. If your aunt has indeed been in a relationship with this person, for decades no less, then say so. The intensity of that relationship only matters if the solicitor says it does, it doesn't matter what you label it as.

That's it. Your solicitor will ask questions from there.

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Posted by No_Indication_4462 3 weeks ago

Thank you for taking the time to comment back. I appreciate it. They aren't in a relationship no longer, she thankfully saw sense, ha. She just has a way of doing whatever to help folk, and at the time it seemed like a mutually benefitting plan. However I agree, alot is hearsay. I just dread what his chit chat is going to consist off.

Anyway, I'm not going to get it consuming my energy. Thanks to all for the advice!

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Posted by DoIKnowYouHuman 3 weeks ago

Immediate TLDR response, also post in r/legaladviceuk

Start with your tldr and the add what’s needed, also post at a time that isn’t 00:40 Saturday so your post is seen by Brits who aren’t shivering in the beer garden

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Posted by No_Indication_4462 3 weeks ago

Was the tldr not included? I'm doing it now so that it's out the way. I'm in a very fragile mental place and it written out is a detailed log of info for my aunty to show a lawyer, if that seems to be absolutely necessary.

I'll post there, I've posted on a couple others too.

Don't wanna go over board. I'll hang off the now and when I'm a bit more level headed and not manic and vibrating with God knows emotions and pain, have it condensed and not rambling and messy in terms of what info where and laid out.

Thanks for replying anyway - have a good weekend

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Posted by Ok_Entry_337 3 weeks ago

‘don’t wanna go overboard… ‘ seriously none of us are going read all of that.

If your Auntie needs her property back she needs to instruct a solicitor.

Erm.. that’s it!

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Posted by No_Indication_4462 3 weeks ago

Iunderstand. There was a TLDR at the bottom.

If I was too vague I know that folk would query such things but I do now see i frantically bashed the keys with sausage fingers whilst planning my trip in a few months, my weekly schedule, having a phone conversation and onset of mild psychosis

Other posters mentioned the length but thankfully have provided adequate insight and the ultimate next stage to avoid legal complications. I guess I didn't see him as a tenant since there was no tenancy agreement and he had a mobile home at the time of moving in [no fixed abode though]

If it's a verbal agreement, it's word against word so I can't understand that even with verbal notice after the verbal agreement she can't just change the locks since he has had his free rent, and all bills included. I mean to randomly initiate a small amount just in a couple months and a virgin media utility [I guess a smart move for him ] would constitute him being a tenant.

They were friends - although a love hate. He loves to noise her up and she hates him.

But yes, too much on both sides of the scenario that a legal representative is the only concrete route forward.

Have a good weekend

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Posted by No_Indication_4462 3 weeks ago

Oops, I apologise. I need to delete this.

I'm referencing another thread. I copied to this to ensure I got as much relevant info

I just assumed it was the same one.

Sorry about that !!

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