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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I bought a house (mortgage) for my daughter

Customer Question

My husband and I bought a house (mortgage) for my daughter and her boyfriend to live in. Since then they have split up. Last year, unknown to us she allowed a male friend to use the spare bedroom. I don't know what arrangement there is between them, but she says he is not her boyfriend but they occasionally sleep together. They don't go out together, or on holidays. A couple of months ago he bought a dog and since then the house has gone to reck and ruin. It smells, the dog messes on the floor and he went off to work and left the mess for my daughter to clean up when she got in.

My daughter and I went away for a few days and when we returned the house was disgusting. Her relationship with this guy is her own business but I am not prepared to put up with the mess and smell, and damage to woodwork caused by this dog. He has no intentions of training or walking this dog, and my daughter is now left with this task to do.

Can you advise please? Can we evict the dog? As I said she moved the guy in without our knowledge so we do not have an agreement and he does not pay us anything.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What are the terms of the agreement between you and your daughter about the house?
Clare
Customer: replied 3 years ago.
She lives there and pays us rent which we use to pay the mortgage. There was no formal agreement signed, although she and ex boyfriend did have a word with us and then subsequently her and her ex.
Expert:  Clare replied 3 years ago.
Hi
Did you place any conditions on her occupancy?
Clare
Customer: replied 3 years ago.
No
Expert:  Clare replied 3 years ago.
Hi
Are you willing to end her occupancy on this basis?
Clare
Customer: replied 3 years ago.
Not really. We knew her ex and they were living in very poor rented accommodation while at college, so we invested £25,000 deposit in the house for her and her ex to live in. So they paid less an they were paying for I'll-repaired flat while they were students, to have a three bedroomed semi detached.there were no concerns. It is only in the last couple of months since the dog moved in that we have noticed a deter emotion in the house, quite significantl deterioration that we are concerned. I have no real objection to her letting her friend stay in spare bedroom, but I do object to the lounge being used as a dog kennel and toilet!
Expert:  Clare replied 3 years ago.
Hi
This is a matter between you and your daughter about the terms of her occupation of the house.
Either she is entitled to treat is as her house/home - in which case you leave her to it
OR there is a condition that the property is maintained to a certain standard and no dogs are allowed
If you decide on the second then it would be best to have written terms set out so that you all know where you stand
Sorry not to offer a more straightforward option
Please ask if you need further details
Clare
Customer: replied 3 years ago.
So, if she is happy to live like this, what happens if we put the house on the market?
Expert:  Clare replied 3 years ago.
Hi
Again that is between you and your daughter.
If the agreement was always that you could sell it at any time then you will have to notify her of this - and if necessary ask to leave so that you can market the property
Clare
Customer: replied 3 years ago.
When we bought the house it was an interest only mortgage with the intention of selling once her and her ex had finished their studies. Can we put in a tenancy agreement after she has lived there since 2006?
Expert:  Clare replied 3 years ago.
Hi
I assume that she has finished her studies?
What was discussed at that point?
Clare
Customer: replied 3 years ago.
It was then she split with boyfriend so she had enough to cope with, she was badly hurt so it was just her in the house. She needed some stability, and her ex left her with a load of debt, that she kept from us for a while, and we ended up paying that debt for her. We talked and reduced her rent, but she knows it is an interest only mortgage and that wecalways intended selling at some point.
Expert:  Clare replied 3 years ago.
Hi
Then I suggest that you sit her down and say that it is time to regularise the situation.
If she wishes to live her life without your comments on the dog etc then she needs to have a formal Tenancy Agreement so that you can ensure that the property is saleable when the time comes
If she does not want this then it is time for tough love and she needs to be told the property will have to be sold so that you can stop worrying about the property!
Clare
Customer: replied 3 years ago.
You are saying what i have been thinking. Ive spent this last week repairing the damage to the lounge and hallway and have told her that im going to have weekly inspection of house and that im not impressed. That the situation must improve otherwise the house goes on the market.

Does her lodger have any say in this? He seems to have some sort of hold over her, but she insists that this is not so.
Expert:  Clare replied 3 years ago.
Hi
He certainly has no say in the financial arrangements between you and your daughter - although I dare say he is the source of the problem...
Clare
Customer: replied 3 years ago.
Think this is last question, think it is! So if we decide to sell the house and she moves closer to her work and her friends, then he cannot object and claim any rights that might prevent the sale from going through?


Expert:  Clare replied 3 years ago.
Hi
No he has no right to anything other than "reasonable notice" - 28 days at most
Clare

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