Landlord's daughter refuses to pay rent as tenant

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  • Landlord's daughter refuses to pay rent as tenant

    About 3 years ago I allowed my daughter to occupy a flat that I had previously rented out. Because of the situation I did not set up a tenancy agreement but I did make it clear that she must pay rent, albeit reduced.

    About 18 months ago she stopped paying rent and has refused to pay since, needless to say our relationship has deteriorated, but that’s another story.

    I have asked her to resume paying rent on a number of occasions but it has fell on deaf ears. Two weeks ago I sent a letter requesting that she leaves the property.

    Up to now she has ignored my request to discuss this issue and I now need advice on what, if any, action I can take next.

    I hope people don't judge me as being an uncaring, unsupportive father but my daughter has a well paid job and can easily afford the rent.

  • #2
    Originally posted by heruno
    About 3 years ago I allowed my daughter to occupy a flat that I had previously rented out. Because of the situation I did not set up a tenancy agreement but I did make it clear that she must pay rent, albeit reduced.

    About 18 months ago she stopped paying rent and has refused to pay since, needless to say our relationship has deteriorated, but that’s another story.

    I have asked her to resume paying rent on a number of occasions but it has fell on deaf ears. Two weeks ago I sent a letter requesting that she leaves the property.

    Up to now she has ignored my request to discuss this issue and I now need advice on what, if any, action I can take next.

    I hope people don't judge me as being an uncaring, unsupportive father but my daughter has a well paid job and can easily afford the rent.
    If it was my daughter I'd give her the place rent-free what sort of parent are you.
    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

    Comment


    • #3
      You have created an AST and must serve a section 21 notice. As there is no written tenancy agreement, you may not be able to use the accelerated procedure but repossession is mandatory on this notice, it just takes time. As for the fact that she is your daughter, sorry, only you can make that sort of decision, nobody here will criticise you whatever you choose to do.

      Comment


      • #4
        Hi heruno. I certainly don't think it makes you an uncaring father, just one who is sick of being taken advantage of unfortunately.

        Basically, you will need to serve either a Section 21 or Section 8 notice(or both). Which kind of depends if you want to persue the unpaid rent or not. Both processes will be slower because you do not have a written AST, but the Section 21 will guarantee you possession within around 3 months. Do a search on the forum to find out more information about both.

        Oh and ignore pms's comment, he is our resident "troll" at the moment
        Last edited by MrShed; 20-03-2006, 06:48 AM.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        • #5
          Originally posted by pms
          If it was my daughter I'd give her the place rent-free what sort of parent are you.
          With no knowledge of the circumstances I feel that a comment like that is totally inappropriate.

          In our particular case, in addition to paying our own mortgage, we purchased my late mother in law's property and put it in a family trust. The reason for this was that after the death of her husband Mum's mind began to deteriorate. After one short remarriage in which she signed mirror wills with a man who had very little in assets but died within two years she found another "boyfriend".

          Needless to say that new "boyfriend" was angry and abusive when he was told Mum's property was in a family trust that gave Mum the benefit for her use during her lifetime. We know he too discussed mirror wills with Mum and he too had few assets but flashed around a bit of gold and a wallet of money.

          Several years passed and Mum eventually had to go into residential care and Social Services looked at the situation concerning Mum's home.

          Mum's assets were the interest income from the private mortgage that the family used to buy the property. This money was declared on the documents linked to Mum's contribution to care.

          From a family point of view I helped my wife achieve the goal of her genetic father that after his death Mum would enjoy the jointly owned property and it would then be passed to the family.

          From my point of view I helped arrange the purchase of an asset that since the death of her mother my wife can enjoy a rental income to supplement her retirement pension.

          My in-laws who were given an opportunity to help fund the trust to buy Mum's house but could not risk the money to put up front are really grateful for the benefits they eventually obtained from Mum's will.

          My daughter because she owns part of the property (as a gift) realises there will be less inheritance tax when both my wife and I leave this world!

          Our daughter fully appreciates that the income from the property is essential to our cash flow. She is a high income earner and is only too pleased to pay rent to us if she lives in the property.

          Without the rental income we would have to sell investment shares or our late Mum's property both of which are intended as my wife's long term pension support.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

          Comment


          • #6
            Oh and ignore pms's comment, he is our resident "troll" at the moment [/QUOTE]


            Perhaps you could define the word "troll" or are you being racist. LOL!!
            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

            Comment


            • #7
              @ pms. In order to dismiss your allegation of "racist" I provide the following link to a specialist website concerning trolls.

              Do you agree with the diagnosis of your troll status? Could you be a mere rottweilerpuppy.htm

              Unfortunately some untrained rottweilers get banned from the house for becoming too aggressive or for offensive barking.
              Vic - wicked landlord
              Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
              Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

              Comment


              • #8
                A troll is a person who posts rude or offensive messages on the Internet, such as in online discussion forums, to disrupt discussion or to upset its participants.

                For many people, the characterising feature of trolling is the perception of intent to disrupt a community in some way. Inflammatory, sarcastic, disruptive or humorous content is posted, meant to draw other users into engaging the troll in a fruitless confrontation. The greater the reaction from the community the more likely the user is to troll again, as the person develops beliefs that certain actions achieve his/her goal to cause chaos.

                The term troll is highly subjective. Some readers may characterise a post as trolling, while others may regard the same post as a legitimate contribution to the discussion, even if controversial. Likewise, calling someone a troll makes assumptions about a writer's motives that may be incorrect.

                My take on the subject: Whether it is intentional or not on the member’s part there is a troll is our midst.

                Heruno, serve an S21 Notice on your Daughter sooner rather than later.

                Comment

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