Scared, worried, lost

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    Scared, worried, lost

    Hi all

    I'm saddened that I have had to join this forum this evening for the reasons I have had too.

    I fight back tears while writing this;

    My father hasn't been well for a while now but due to him being so independent (he's in his 70's) I've never really noticed anything that has caused me grave concerns such as now.

    Basically, dad lives alone after selling his house in 2013 for £70,000 less than its worth (yes, he sold a house for £40,000 - to a private buyer, no estate agents etc involved. Unfortunately I didn't know this until the sale had completed (the price).

    He's lived alone now since but I've been contacted by a concerned neighbour recently.
    To cut short, dads not well - he's 3 months in arrears (£1700) and the landlord has just been very patient with him.

    He's forgotten to pay, doesn't know why he has to pay and what for - not even knowing what the house he rents is (doesn't know its his home).

    I've now involved the NHS with great reluctance - I guess I turned a blind eye to his forgetfulness for sometime.

    There's times he doesn't know who I am - (heartbroken)

    Basically, I'm unsure where this is going to lead, but the ball is rolling but I pray it's not dementia but I understand it's possible.
    In any event its unlikely he will be able to remain living alone - where does he stand regards the arrears?
    Basically I have no access or power of attorney at present.

    The landlord didn't protect his deposit, the landlord doesn't have a copy of the AST and no gas safety was provided, no how to rent book, nothing.

    So basically I'm concerned the LL may attempt illegal entry to the house, change locks etc.
    Can I involve Police if this happens?


    This is all raw right now, I'm broken.

    I have placed a noticed on the frontdoor tonight at my dads addressed to the LL stating he must obtain a P/O and any attempt to gain entry will result in legal action, in hope he takes notice I know the law.

    Dad has received messages last few days saying he wants the rent, this week but dad doesn't even remember his pin number... Sorry this is too much, so I'm leaving it here but any advice is welcomed.

    Thank you

    #2
    Sympathise that it's a difficult situation for you.

    You say the LL has been patient, which is good, you say he wants the rent paid, which is understandable.

    Are you communicating with the LL yourself? If your only attempt for communication is the notice on the door, it's pretty blunt.

    A LL doesn't want the hassle or cost of obtaining a PO, they want an easy life with the rent paid.

    Has your dad been served notice yet? Section 21 or section 8?

    Does your dad have the means to pay the arrears and the rent going forward?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      I've sent messages to LL but he's now (understandably) wanting full payment this week latest - I am doubtful he'll act illegally as he is a paramedic so I guess risks his position if he were arrested.

      No notice as yet, I was considering proposing draft of a deed of surrender - offering to surrender the tenancy if the LL pays dad £1500 (his deposit plus one months rent) which seems fair given he never protected the deposit, then use that money to either 1) find somewhere else for dad and I live with him or 2) help with costs of possible future care.


      Dad does have means but doesn't know pin to access his account, and at present is unsure why he has to pay rent - I don't want to distress him anymore.

      Please advise me what to do - I know the LL has lost out here but he didn't follow the law and my interests are solely to protect dads interests.

      Comment


        #4
        Power of Attorney?

        That involves forward thinking which most people don't think about until it is too late.

        But it sounds as if there are obvious solutions if he really does have the capital - you walk him to the bank and get cash. He doesn't need his pin just proof of ownership of the account and ID.

        Does your dad not want to live where he is living (or can't he live there). Moving house is usually a trigger for a massive worsening of dementia.

        Sounds odd that you dad owes £1700 and your ideal solution is to have him get his deposit back and a month rent of compensation. For what pray?

        Go to the bank, get the money and pay the rent owed. Then work with your dad to figure out what is best FOR HIM. Precipitating a fight with his landlord is not seemingly a good route to go.....

        Comment


          #5
          +1
          You first owe it to your father to get him a diagnosis/medical care.
          If it is dementia or similar he may not have the mental capacity to sign an enduring Power of Attorney.

          Comment


            #6
            Agreed. I don't know why you're so reluctant that your dad's rent should be paid to a landlord who you say has been decent. If you had proposed to call it quits with regard to the arrears, given his failure to protect the deposit I might have had more sympathy. However you seem to want to punish this landlord, perhaps because of the earlier episode with the buyer.

            Comment


              #7
              You or your dad need to pay the rent and get your father the help he needs.
              It's not that complex to know what to do, but it's very difficult to actually do it.

              Without power of attorney you probably can't act for your father without some kind of court order (and I'd go and see a solicitor to start that ball rolling).
              I'd start to talk to any other family members to see if they can offer money or some ideas for the future.

              If your father owes more than two month's rent the landlord can probably evict him legally in a few weeks and he's in no state to defend himself.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by Bubbles99 View Post
                ...I was considering proposing draft of a deed of surrender - offering to surrender the tenancy if the LL pays dad £1500 (his deposit plus one months rent) which seems fair given he never protected the deposit....
                No. Don't suggest this.

                Comment


                  #9
                  Originally posted by Bubbles99 View Post
                  Dad does have means but doesn't know pin to access his account,
                  I've been through this with my mother-in-law. We had no acces to her numerous bank accounts for about 5 months.

                  You need to go with your father to his bank branch. Take photo id of your father and yourself, preferably passports. Ask to speak to someone in one of the interview rooms.

                  Explain the situation.

                  The staff at the bank arranged for a new pin number to be sent out, and also added me to the MIL's bank account as a joint account holder. My name doesn't appear on her bank accounts but I do have a debit card in my name.

                  You will not be able to get a POA as it is too late. But when I spoke to a solicitor about it, he said that because the MIL didn't own a property or have any investments etc, a POA wasn't really needed. I have been able to deal with all her finances and medical needs without a POA.

                  The biggest problem was trying to sort anything out over the phone, as the MIL couldn't remember the answers to any of the security questions.
                  Last edited by Mrs Mug; 23-05-2017, 10:21 AM. Reason: Add more details.

                  Comment


                    #10
                    IT sounds like you know your dad isn't in a financial position to pay by asking for money from the landlord to move.

                    He may well have broken the law in not protecting the deposit but at worse he will be fined a maximum of 3 X its value.

                    Your proposing he write off three months worth of rent as well as asking for money from him. I think that's rather bizarre and unfair.

                    The fairest thing to do would be for your father to surrender the tenancy he can't afford and ask for his debt to be written off as part of a penalty deal.

                    I may sound harsh but given your fathers mental state you shouldn't even contemplate leaving him there and expecting the nhs to sort it.

                    Yes, he is entitled to care but as his daughter you should be housing him or getting him urgent care not arguing about money with his landlord.

                    The priority should be ensuring your dad is safe and housed appropriately for his needs. A sign on the door asking landlord not to evict could distress both your dad and embarrass him with neighbours.

                    You say he has no idea where he is yet he's still living there? I'm sorry but the priority is care. I do hope you haven't left him there alone?

                    Comment


                      #11
                      We have just had a similar situation to deal with as regards a relative's confusion and their needing care... they also could not understand why they needed to pay rent.

                      I suggest your first port of call is to your doctor. You need to get an assessment of your father's mental health and what care is needed and to go from there.

                      I would also take your father along to the bank to explain the situation and see what can be done there.

                      Unfortunately I have to warn you that this will not be easy, even with Power of Attorney.

                      Comment


                        #12
                        PS I would also get in touch with the LL and have a proper discussion about what is happening rather than issuing threats and making demands. Talk over the situation.

                        Comment


                          #13
                          You say you've involved the NHS but what exactly does that mean? Have you checked he is properly hydrated and the confusion is not caused by that? Is he on any form of medication and if so is he taking it?

                          Explain the position to the landlord, say you are seeking medical help and that you will be taking your Dad to the bank. It sounds like your Dad has the money to pay his rent and temporarily he may be better there and you move in with him if needed.

                          Comment


                            #14
                            You say you've involved the NHS but what exactly does that mean? Have you checked he is properly hydrated and the confusion is not caused by that? Is he on any form of medication and if so is he taking it?

                            Explain the position to the landlord, say you are seeking medical help and that you will be taking your Dad to the bank. It sounds like your Dad has the money to pay his rent and temporarily he may be better there and you move in with him if needed.

                            Comment


                              #15
                              Hi

                              Thanks for everyone's replies and advice, I am grateful.

                              Events have taken another turn, dad is being assessed by specialists; its looking like Dementia sadly - onset.

                              Solicitor's were brought in last week regards power of attorney; checks made and they are satisfied at present he has capacity, so that ball is rolling (£750 for one?)

                              Landlord illegally tried entering Sunday while I took dad out; first door was unlocked and then damage to the internal door, not much but the trim was pulled off, etc.

                              Landlord confirmed it was him only yesterday; no note left; no prior notice.

                              I've read the riot act to him tonight; telling him I take this further unless he does things correctly; he basically has asked what do I want to do, he doesn't want to evict, he wants us to decide.

                              I'd like £1000 in cash, dads rent cleared, and we all walk on good terms.
                              As dad may be need sheltered housing, the cost of the POA, so I'm thinking LL saves ££££'s, no legal proceedings/time spent etc and we can cover some of the costs in sorting things.


                              How can I put this offer forward to the LL?

                              Many thanks

                              Comment

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