No tenancy agreement living in parents property can me sister evict me?

[jdrew]

Hello,

I wonder if anyone here might be able to give me some advice on this issue.

 

12 years ago I moved in with my Father to care for him (dementia). This is a flat that he owns, no mortgage. Three years ago he was finally taken into a care home as it had become too dangerous for him to be alone while I was at work.

At that time I was down as his carer.

My sister, who then became legal power of attorney and lives abroad agreed that I could continue living here as long as I took over the bills and paid the twice yearly maintenance on the flat to the management committee.

The council also agreed to this, and put a charge on the property. They are at the moment paying the care home fee's and when the house is eventually sold on my fathers death, they then recoup the money they have spent.

Now, out of the blue, I have received a letter from my sister telling me I have to vacate the property in ten days time so she can sell it, or start paying my fathers care home fee's (very expensive) or start paying rent, a figure she has decided.

My questions is two fold really: Firstly can she really throw me out in ten days time? Secondly can she change her mind on this agreement that we had for the last three years?

I don't earn enough to rent another property so I am not sure what I would do.

Thank you in advance.

[stu007]

Hi

 

Do you have anything in writing of the arrangement for the property when your Sister became legal power of attorney?

 

Who did your Sister become Power of Attorney i.e. did she apply herself to be power of attorney?

[raydetinu]

I thnk ten days is a bit short notice.

Only a court can actually evict you, so she would have to apply to the court for that, and that would take a few months, so no need to panic yet!

A judge would have to decide if the verbal agreement you had with your sister is valid.

Have the council now stopped paying for your fathers care? Have you asked why she is doing this?

You may need legal advise and suggest you contact Shelter, who may be able to help.

[stu007]

Hi

 

I think we would need more information on the Power of Attorney to assist us with advice.

 

1. How did your Sister obtain Power of Attorney?

2. Were you notified of the Power of Attorney action?

3. Was the Power of Attorney obtained using the Mental Health Act? (no offence meant only from your post on your fathers condition)

4. Were there any Legal document in place that your father done authorising your sister in these circumstances to be Power of Attorney?

[mariner51]

I suggest this is a complex family dispute, not LL&T, since to date, tho rent has been suggested until recently.

 

1 Why was ex-pat sister granted Power of Attorney over resident, sibling carer (OP)?

2 Why does sister want to force sale before father'a decease?

Sale proceeds would become part of father's estate/savings

[jdrew]

Hi

 

Do you have anything in writing of the arrangement for the property when your Sister became legal power of attorney?

 

Who did your Sister become Power of Attorney i.e. did she apply herself to be power of attorney?

 

 

Thanks for the reply.

I have nothing in writing apart from the letter she has just sent me in which she states and I quote 'I agreed that you could keep living in Dad's flat until he passes away and then if you are in a position too you could buy me out" Earlier on in the letter she states that I am not paying any rent etc so it is clear that this is the situation she was saying can continue. Well clear to me anyway!

Yes she did apply herself to become power of attorney.

[jdrew]

Glad to hear that the eviction would take some time!

As well as the verbal agreement I also have it in the letter she just sent me that she had agreed to that and that the reason she is now changing her mind is that I have not shown her enough appreciation, by not sending her children cards, visiting her abroad, buying her presents. She has actually written that in the letter. So because her kindness has been abused, she is now withdrawing her offer.

The council are still paying for his care, but as soon as the flat is sold then she will have to pay for it herself at a much higher rate.

[jdrew]

Thank you for your reply.

Yes I take you point that this is not landlord and tenant, i was am just desperate for advice!

 

Sister was granted power of attorney over me, as towards the very end of my caring for him it had become very difficult. No control over his bodily functions etc and no idea who or where he was, and the council did initially want to take him into care. When they eventually did, and she was granted LPA I was, I am ashamed to say, not very well myself mentally, bone tired and stressed. She has always taken control of everything ( that is her personality) and I did not have the energy to fight her for it when she suggested herself.

She wants to force sale as I have not in her words appreciated her kindness in letting me stay here. She states in the letter that she agreed to let me stay here rent free until Dad passes away but because I have not send her children cards and bought her presents and flown abroad for her son's confirmation (which I could not afford to do) she now feels I have abused her kindness. She also feels that I have benefitted unfairly compared to her. So basically it is for personal reasons that she wants to force sale and this is stated in her letter.

[jdrew]

Hi,

OK, my sister has lasting power or attorney with decisions over personal welfare as well as the financial side.

In the last year of caring for my father his dementia became much worse, and eventually after a fall and various other incidents he was assessed and the council agreed to place him in a home. During this two weeks, my sister came over from abroad and become power of attorney at this time. As I put in a previous post, at this time I was not well myself as I had found the last year very draining and agreed to her becoming power of attorney.

Yes it was obtained using the mental health act but no my father had never expressed any wishes during his life that he wanted my sister to become lpa should these circumstances arise.

[Surfer01]

In essence you have it in writing

" She states in the letter that she agreed to let me stay here rent free until Dad passes away but because I have not send her children cards and bought her presents and flown abroad for her son's confirmation" that may be enough to keep you in the flat and show her up as being with malicious intent, but wait until people with more knowledge respond.

[jdrew]

In essence you have it in writing

" She states in the letter that she agreed to let me stay here rent free until Dad passes away but because I have not send her children cards and bought her presents and flown abroad for her son's confirmation" that may be enough to keep you in the flat and show her up as being with malicious intent, but wait until people with more knowledge respond.

 

Hi,

Yes I have it in writing. Thank you for your reply, I wondered if that might be the case, but as you say I will wait and see what other people say.

[mariner51]

Typical family situation. IMO sister took enduring power of attorney to manage your father's affairs, as you were in no fit state at time. Parents rarely plan for their poss future mental health problems.

Reason for sister's recent change of mind sounds petty. I might be inclined to remind her that you cared for father whilst she lived abroad. She can sell flat if it is in father's best interest.

Local Auth are not forcing sale, as they have a charge on father's property for full fees.

Has father made a Will? Do you know what it says? Where is it lodged, bank, solicitor or in a drawer?

If there is no Will, then normally net estate will be distributed equally between qualifying family members (children, spouse, parents) Google 'Intestate distribution'?

 

I think you need to see a family law solicitor for detailed advice. Selling now may/may not be in best interests of beneficiaries.

[jdrew]

I also wondered if this is the case?.... Yes, she has lasting power of attorney, which means she can buy and sell property. Surely though, she has to show that she is acting in our Father's best interests and selling the property because I have not done what she wants is a personal reason and nothing whatsoever to do with his interests.

[jdrew]

Typical family situation. IMO sister took enduring power of attorney to manage your father's affairs, as you were in no fit state at time. Parents rarely plan for their poss future mental health problems.

Reason for sister's recent change of mind sounds petty. I might be inclined to remind her that you cared for father whilst she lived abroad. She can sell flat if it is in father's best interest.

Local Auth are not forcing sale, as they have a charge on father's property for full fees.

Has father made a Will? Do you know what it says? Where is it lodged, bank, solicitor or in a drawer?

If there is no Will, then normally net estate will be distributed equally between qualifying family members (children, spouse, parents) Google 'Intestate distribution'?

 

I think you need to see a family law solicitor for detailed advice. Selling now may/may not be in best interests of beneficiaries.

 

Hi,

Yes that is all correct. Yes there is Will, 50/50 to her and I, it is lodged with a solicitor. I have contacted a solicitor today as I think you are right, however I can't get in until next week so any advice in the meantime is most welcome. I just posted wondering about the lasting power of attorney issue, as I see from some research that she has to prove it is in our Father's best interest.

As you say selling now may or may not be in the best interest of the beneficiaries (her and I). However, the situation we are in is that while the property is kept, the council are paying the care home fees at a highly reduced rate. When the property is sold the money will be paid back to the council, at this reduced rate. If the property is sold however before my Fathers passing then we are responsible for paying the fees at the higher rate, at the moment this is three times as much. Therefore reducing the estate a lot quicker. If that makes sense. Essentially the interest of the beneficiaries would be to keep the property therefore paying the substantially lower rate, rather than to sell it and have to pay the higher rate depleting the estate a lot quicker.

Now, I have written that I wonder if she really does intend to sell as that really does not make any sense, and she is very interested in money. Perhaps this is just a scare tactic.

[jdrew]

Typical family situation. IMO sister took enduring power of attorney to manage your father's affairs, as you were in no fit state at time. Parents rarely plan for their poss future mental health problems.

Reason for sister's recent change of mind sounds petty. I might be inclined to remind her that you cared for father whilst she lived abroad. She can sell flat if it is in father's best interest.

Local Auth are not forcing sale, as they have a charge on father's property for full fees.

Has father made a Will? Do you know what it says? Where is it lodged, bank, solicitor or in a drawer?

If there is no Will, then normally net estate will be distributed equally between qualifying family members (children, spouse, parents) Google 'Intestate distribution'?

 

I think you need to see a family law solicitor for detailed advice. Selling now may/may not be in best interests of beneficiaries.

 

Actually, I have just looked at the paperwork she has sent over and I am really not sure I understand the financial workings out at all. As you say best to take it and get it looked at as I think I have got that wrong.

[stu007]

Hi

 

I would ask the Solicitor if their is a way to challenge her Power of Attorney due to her actions which are a personal petty matter and not in the best interests of your father as you cared for him for some years.

[jdrew]

Hi

 

I would ask the Solicitor if their is a way to challenge her Power of Attorney due to her actions which are a personal petty matter and not in the best interests of your father as you cared for him for some years.

 

Hi,

Yes I will do thank you, I have an appointment next week, and am making a list of things to ask while I am there. That will be one of them, thank you for the advice its been a stressful 24 hours and having helpful responses to my thread has helped a lot. As you say, her actions need to be in the best interests of our Father.

[raydetinu]

I cant se it wuold be anybodies interest to sell it, your fathers or yours or even your sisters, and I am sure a court would agree.

You defo need legal advise and as a last resort you coud get an injunction preventing any sale until a court looks at the details.

Woild she be willing to spend money defending that!

[mariner51]

More to the point would OP have funds to bring such a case?

[raydetinu]

True, not sure what the costs would be! lets hope it does not come to that.

Thats where legal advice comes in.

Worth a call to shelter, as OP in danger of losing his home?!

[Steve__M]

Is there anyway of reconciling with your sister? It seems she is unlikely to be able to throw you out at short notice. A letter and an explanation may help - even if you have to bite your tongue for now with respect to you looking after your dad while your sister is away.

[jdrew]

Hi,

I cant se it wuold be anybodies interest to sell it, your fathers or yours or even your sisters, and I am sure a court would agree.

You defo need legal advise and as a last resort you coud get an injunction preventing any sale until a court looks at the details.

Woild she be willing to spend money defending that!

 

Thanks for your reply.

I have been to see a solicitor yesterday afternoon. It seems that she can indeed sell it as she has lpa and regardless of any agreements she made with me in writing or not that gives her the power. I could try to contest it, on the grounds of it not being in my fathers best interest but the solicitor said he would advise against it.

I have thought about it over the last few days and had already decided, even before seeing the solicitor, to just move out.

As I think someone commented on an earlier post, this is also a personal family issue, and frankly I am tired of her behaviour over the years culminating in this. So I am not going to fight her for anything, she can have the flat etc, and fortunately I have managed to get some more work for myself over the last few days and will be moving nearer to where this is. It will be difficult for the first few months but at least I will be free from her and I am certainly not going to enter into a tenancy agreement with her, what happens when the first period elapses and it becomes periodic (as the lawyer informed me), then she can throw me out at any point with just a few weeks notice. So I will be constantly having to appease her and dance to her tune for fear of her deciding to sell, letting her stay when she comes to England and driving her around. No, no that won't do!

[raydetinu]

Glad to see you have made a decision that is the best for you to avoid further stress and anxiety.

But take your time in finding the right accommodation; you can only be evicted with a court order.

AST requires LL to give tenant two months notice for repossession, then start court action if necessary.

good luck anyway

[mariner51]

Can't see OP has an AST, paying maintaince charge & utilities but no rent. Sister should still obtain some ltype of legal repo order though. Short sighted of sister to eject 'caretaker' before property goes on the market. IMO

[raydetinu]

I am certainly not going to enter into a tenancy agreement with her, what happens when the first period elapses and it becomes periodic (as the lawyer informed me), then she can throw me out at any point with just a few weeks notice.

AST requires LL to give tenant two months notice for repossession, then start court action if necessary.

Can't see OP has an AST

 

just refering to statemant that sister could eject with little notice if he did rent.