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Landlord (boyfriend) Power of attorney

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Landlord (boyfriend) Power of attorney

Postby steven » Sun May 19, 2013 5:55 pm

My mother had a stroke in December this year, her boyfriend/landlord who I will call Steve has obtained power of attorney and is now stating he is going to sell my mother's house.

Steve has sold most of the equity out of his own house (that was left to him by his mother) to a company, in order to do this he had to state that my mother is his tenant, my mum was always worried about where she would live in anything happens to Steve, because her own house was rented out. My mother's house is not rented out now and a family member could be my mum's carer in her own home if anything happened to Steve. But Steve now wants to sell my mum's house which would make my mum potentially homeless.

Is this legal?

Someone told me it is not safe for a landlord to sell his tenants property is this true?

Is there any way I can overturn the power of attorney?

My mother is now unable to walk and unable to talk since the stroke, so although Steve says my mother agreed by nodding, is this good enough?

I would appreciate any help and advice.
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Re: Landlord (boyfriend) Power of attorney

Postby Slartibartfast » Sun May 19, 2013 6:32 pm

Sorry, I'm a little confused.

Who lives in your mother's home at present?
Who does that house legally belong to?
"Judicial tergiversation is not to be encouraged"
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Sun May 19, 2013 7:18 pm

My mother bought a house but lived with her boyfriend/landlord in his house.

My mother's house was rented out until the end of 2012 to a private tenant, now my brother lives there. This house belongs solely to my mother.

My mother's boyfriend Steve (not real name) sold most of the equity and to do this he had to state my mother is a tenant not a partner. My mother had a stroke and cannot talk but Steve got power of attorney and now wants to sell my mothers house and has sent my brother via a solicitor an eviction notice.

I am very upset at this action my mother allowed my brother to live there before she had her stroke, my mother did not ask for rent or anything from my brother, but now my mother's boyfriend states my mother only allowed my brother to live there for 6 months, this is not true.

If Steve sells the house and something happens to him my mum will be homeless because she cannot stay in Steve's house she had to sign an agreement stating she would move out within a certain time frame, it is something like 30 or 60 days mum has to leave Steve's house if Steve does not live there. So if Steve ends up in a care home or dies my mother has to move out. Both my mother and Steve are in there 80's.

Before the stroke my mother and Steve kept their finances separate, Steve charges my mother rent and she pays half of all the bills including things that my mother does not use such as the Sky TV. My mother often gave Steve extra money for things because she said Steve does not manage money very well so she helped him out.

I hope this makes more sense.
Last edited by steven on Sun May 19, 2013 7:27 pm, edited 2 times in total.
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Re: Landlord (boyfriend) Power of attorney

Postby miner » Sun May 19, 2013 10:12 pm

Steve does not manage money very well


It's scary that someone like that would have a PoA donated to him.

What does the PoA say about how far the authority it gives extends? (The Donor can limit the authority under it to specific items of control.)

Is the PoA a "Lasting" Power of Attorney, i.e. an LPoA?
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Re: Landlord (boyfriend) Power of attorney

Postby Slartibartfast » Sun May 19, 2013 11:17 pm

steven wrote:My mother's house was rented out until the end of 2012 to a private tenant, now my brother lives there. This house belongs solely to my mother.


There's a reasonable basis for selling her old home, if she isn't receiving a rental income from it and she intends to remain in cohabitation with her partner. The really important point would be where the money went - if it went into investments for her, or if the POA-holder tried to skim it off for his own use.

Perhaps the son who is living there could offer to pay rent at a market rate, so that she derives some benefit from her property and the urgency to sell is reduced? Property values are depressed at present, it might be in her best interests to wait for the upturn if an interim income was available.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Mon May 20, 2013 1:16 am

miner wrote:
Steve does not manage money very well


It's scary that someone like that would have a PoA donated to him.

What does the PoA say about how far the authority it gives extends? (The Donor can limit the authority under it to specific items of control.)

Is the PoA a "Lasting" Power of Attorney, i.e. an LPoA?


I agree it is scary. It is apparently a Lasting POA.

My mother's boyfriend/landlord was always asking my mum for money because he cannot mange his money but he has lasting power of attorney for my mother's money. Apparently he took a solicitor and a GP to my mother's hospital bed and asked my mother if she wanted to go home with him and my mother nodded yes, at this stage she would have said yes to anyone who offered to take her home because she was desperate to get out of hospital after being in there for 4 months. The next question was will you give me POA and apparently my mother nodded yes. I believe she said yes because she thought if she said no he would not take her home.

My mother has always told all the family in front of her boyfriend how bad he is with money and tells everyone if he has a penny in his pocket he has to spend it. But this man has got POA?

My mother's boyfriend tells different things to different members of the family, one thing is he states he wants to sell the house to buy a bungalow for my mum, this sounds nice but my mum cannot get out of bed and cannot talk or walk so only lives in one room where ever she is. To other family members he says he wants to sell my mother's house to pay for my mother's care. My mother was always very careful with money and has enough to pay for her own care at the moment.

I don't trust my mother's boyfriend. I asked him not to sell my mother's house and explained that my brother is living there to be close at hand to help my mother and if necessary to be my mum's carer in her own house. But my mum's boyfriend seems to want to get my brother off the scene.

My mother has been out of hospital twice in nearly 6 months once for 5 days and all that time she had an infection but her boyfriend did not even notice, the second time she was home for less than 24 hours and was hypo due to low blood sugar level and all her boyfriend could say was he did not want her to go back into hospital, if my brother had not arrived my mother could have died.

I just want to know what I can do.
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Mon May 20, 2013 1:26 am

Slartibartfast wrote:
steven wrote:My mother's house was rented out until the end of 2012 to a private tenant, now my brother lives there. This house belongs solely to my mother.


There's a reasonable basis for selling her old home, if she isn't receiving a rental income from it and she intends to remain in cohabitation with her partner. The really important point would be where the money went - if it went into investments for her, or if the POA-holder tried to skim it off for his own use.

Perhaps the son who is living there could offer to pay rent at a market rate, so that she derives some benefit from her property and the urgency to sell is reduced? Property values are depressed at present, it might be in her best interests to wait for the upturn if an interim income was available.


My mother's house needs a lot of updating and my brother has been paying for the work instead of paying rent, if it was put for sale or private rent it would be for a very low amount and not worth it.

The main thing it is a place for my mother to live if her boyfriend became ill or died, if it is rented out my mother would have to go into a care home until the tenancy ended because she would have no where to live.

My mother has to have carers lift her in and out of bed and do everything for her 4 times a day and the hospital now thinks she will need night carers as well, to move mum from place to place is not easy as there is a lot of equipment needed for my mother's care. An air bed, Hoist, wheelchair etc.

I would like to know if it is legal for my mothers boyfriend to sell her house, he is also my mother's landlord. It seems strange to me that a landlord would be free to sell off his tenants assets even if they do have POA. Imagine if you could not walk and could not talk and someone had taken over your life and was selling you assets.

Thank you for all the replies
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Re: Landlord (boyfriend) Power of attorney

Postby diy » Mon May 20, 2013 7:20 am

The POA grants him the ability to make decisions on her behalf.

You need to look at the POA, who was notified and if anyone could or should have objected. You don't say if your Mum supports these actions or not, she can cancel the POA at any time if she has the ability to do it.
My suggestions are not legal advice
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Re: Landlord (boyfriend) Power of attorney

Postby steven » Mon May 20, 2013 10:55 am

My mother does not have the ability to stop the POA, she cannot speak and cannot stand up unaided.

I don't know what is in the POA, the boyfriend/landlord refuses to show me, he just states he can do what he wants because he has POA.

It is a dreadful situation and I will have to seek legal advice.
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Re: Landlord (boyfriend) Power of attorney

Postby atticus » Mon May 20, 2013 11:21 am

The general principle is that an attorney must act in the best interests of the person for whom he acts as attorney. The Court of Protection has a supervisory role.

https://www.gov.uk/report-concern-about-attorney-deputy
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