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howand why
08-11-2009, 17:42 PM
newbie here,
I have signed a 1-1/2 page agreement this year July 2009 for my stepdaughter to claim single persons council tax, sloppy as I know, it was back dated to July 2008 as my wife and I have been living abroad for a year and have now returned to the UK, my stepdaughter is holding us to ransom as I cannot get back into the family home my wife is staying with a friend and is colluding with her daughter (my step daughter) to keep me out of the family home the locks have been changed and they are spouting that my SD has a rental agreement, the property is fully furnished I have asked for a copy no luck up to now, I will be consulting a solicitor but that takes time and money, my wife and I did not have a inventory for the contents of the property there is damaged done to some items, how do I get legal access to the property, I still have clothes in our marital bedroom, still have workshops full of tools which my SD does not have keys or access to, how do I proceed.

tom999
08-11-2009, 17:55 PM
Just to clarify:

You own the "family home" and have let your step daughter (SD) move in, but no written tenancy agreement has been issued?
When did your SD move in?
Have you accepted rent from your SD?
Is the property in England or Wales?

jta
08-11-2009, 18:00 PM
newbie here,
I have signed a 1-1/2 page agreement this year July 2009 for my stepdaughter to claim single persons council tax, sloppy as I know, it was back dated to July 2008 as my wife and I have been living abroad for a year and have now returned to the UK, my stepdaughter is holding us to ransom as I cannot get back into the family home my wife is staying with a friend and is colluding with her daughter (my step daughter) to keep me out of the family home the locks have been changed and they are spouting that my SD has a rental agreement, the property is fully furnished I have asked for a copy no luck up to now, I will be consulting a solicitor but that takes time and money, my wife and I did not have a inventory for the contents of the property there is damaged done to some items, how do I get legal access to the property, I still have clothes in our marital bedroom, still have workshops full of tools which my SD does not have keys or access to, how do I proceed.

Is it a rental agreement? Is she paying a commercial rent for the place? If so what is the period of payments. Have you taken a deposit, if so, is that protected in one of the schemes. How long was the supposed agreement for? Please explain further why the agreement was back-dated.
Sorry for all the questions but we need to know in order to advise you.

westminster
08-11-2009, 19:04 PM
they are spouting that my SD has a rental agreement, the property is fully furnished I have asked for a copy no luck up to now,
Who owns the property? Who issued the tenancy agreement - assuming that's the "copy" you're asking for? Is SD paying rent to you or anyone else?


my wife and I have been living abroad for a year and have now returned to the UK, my stepdaughter is holding us to ransom as I cannot get back into the family home my wife is staying with a friend and is colluding with her daughter (my step daughter) to keep me out of the family home
I don't understand. You say your wife is colluding with her daughter (SD), yet SD is also holding "us" (i.e. you and your wife) to ransom? Are you and your wife together or separated/estranged?

howand why
08-11-2009, 19:09 PM
Hi Tom999 & Jta,
No I do not have my name on the deeds only my wifes, I have paid towards the mortgage and all household bills over the last 13 years, SD was already living at home, she does not pay a commercial rent, in fact she was just covering all the bill for the house that she uses and SD paid no deposit,
my wife and I signed a 2 page doc/rental which did not have much on it at all, the reason it was backdated was so she could claim full single person allowance while we had been abroad since June 2008, I had spoken to the council saying we did not live in the UK only came home at Christmas for a holidays they did say sorry as far as they were concerned we still lived at the family home, I then told our SD to continue with the council and see what she could do hence when she came to see us on holiday this year she brought this document so she could send it to the council after it was signed by my wife and I and my SD, I should have looked at it properly but did not and did not expect my SD to hold me to ransom.

howand why
08-11-2009, 19:23 PM
Hi Westminster, It gets complicated I had to send my wife home 2 weeks ago from abroad because I thought she was ill (to long to go into details) basically sent her home to live with a friend who I know would look after her, not our family home and I know she is still with our friend now she has told me to stay away from the family home she has consulted a solicitor shown them a copy of this so call rental agreement and they have replied "neither my wife or I can return to the family home", I have returned to the UK and I am consulting a solicitor this week have an appointment but that cost time and money which I can ill afford and does not help me in the short term as I am staying with friends as you can appreciate just before xmas is not good timing but would like help from any quarter the more info I can get the better

tom999
08-11-2009, 19:28 PM
...my wife and I signed a 2 page doc/rental which did not have much on it at all, the reason it was backdated was so she could claim full single person allowance...

Was this document required by the council so your daughter could apply for Local Housing Allowance (i.e. housing benefit) and/or Council Tax benefit?
Did it state the rental amount and rent period?
Did it give exclusive access to the tenant to any part or all of the property?
Is the property still your main residence, where you would receive all correspondence, bills, etc.

The council are a third party, so are irrelevant if any tenancy between the landlord(s) and your SD has been created.

If the property is still be your primary residence, even though you do not reside there, it's likely that your daughter may be an excluded occupier (or 'lodger') with very few rights of tenancy.

To gain access to your family home again, you will need to seek specialist legal advice from a solicitor who specialises in landlord/tenant law.

westminster
08-11-2009, 19:59 PM
Your description of the situation is extremely garbled. You really need to get professional legal advice.

But on the limited and confusing info provided, so long as you and your wife are acting together then it should be easy to regain possession.

If, however, this is part of a devious attempt by your wife to exclude you from the marital home then it may prove to be the start of a more protracted battle.

If you are on a low income, you may be able to get Legal Aid.

howand why
08-11-2009, 21:10 PM
Hi Westminster, It does seam as if my wife has other plans, we are not working together as a team to get back into the family home but she could not be seen to return home just in case I made a counter claim, all is sad I as I thought my wife was poorly this has all happened over the last couple of weeks, my SD now has said she did not have the locks changed that was mum and my SD feels that she is not involved in any of this.

howand why
08-11-2009, 21:36 PM
Was this document required by the council so your daughter could apply for Local Housing Allowance (i.e. housing benefit) and/or Council Tax benefit?
Did it state the rental amount and rent period?
Did it give exclusive access to the tenant to any part or all of the property?
Is the property still your main residence, where you would receive all correspondence, bills, etc.

The council are a third party, so are irrelevant if any tenancy between the landlord(s) and your SD has been created.

If the property is still be your primary residence, even though you do not reside there, it's likely that your daughter may be an excluded occupier (or 'lodger') with very few rights of tenancy.

To gain access to your family home again, you will need to seek specialist legal advice from a solicitor who specialises in landlord/tenant law.

Doc was not for LHA.
I do not remember if there was an amount on the form.
no there was parts of the property she did not have keys or access to.
all of the house bills were sent to our UK home address.

jeffrey
09-11-2009, 13:16 PM
What a mess you've made! LZ members cannot possibly resolve this legal quicksand for you. By trying to do things informally and backdated, you may well have caused enormous damage to everyone involved's financial positions. Whyever did you plunge in unadvised?