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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22314
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband and I brought a house with my mother in law, a 4

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My husband and I brought a house with my mother in law, a 4 bedroom house with a 1 bedroom flat attached to it. The agreement was Edith (my mother in law) was paying the deposit to the house witch was from Andrews my husband inheritance and we were to pay the mortgage payments, it was her way in helping us buy our 1st home.
I have been ill for at least the last 7 years and was on the transplant list for a new liver for 19 months so the was Edith's way of helping as make a home for us and our 3 kids.
We had paperwork drawer up for all of our protection that said Edith was paying the deposit for the house as part of Andrew inheritance and we payed the mortgage payments, I insisted that a part be put in that neither party could sell the house without both sides approval, this was all drawer up by Edith Mackinnon lawyer and all 3 of us signed it. We thought everything would be ok boy was I wrong.
The aragment was we all moved into the house for 6 months then Edith was to move to the flat well 2 years latter she refused to go to the flat. Things in the house had got bad. Edith was abusive vocal mental and physical towards the 3 kids. So something thing needed to be done. We all agreeded that Edith would move out of the house till we could sort the problems.
Andrew and myself came up with the idea of turning the large rumpus room into a 2 room living area for Edith so she had her own space. It was to have a bedroom and a living room with a little area so she could make tea and coffee etc for herself. Edith only agreed to this if we used her tradesman witch at 1st wasn't a issue. Edith decided while it was been done she would go overseas to her daughters house for a few weeks.
So the work begain builder showed up twice over a period of 6 weeks both times he stayed no more than hour. We informed Edith of the issues we were having with the builder and how he would say he was coming and never showed, we tried to get her to use other builders but she refused she would wait for her guy to do the work.
Next thing we know Andrew starats getting from his family asking why we aren't getting the drilling be why Edith has no where to go etc... during this time I myself am still waiting for the liver transplant and bed ridden.
Then we receive a letter from some laywer (not Edith's laywer) saying Edith was taking us to the tenancy tribunal for eviction. Andrew got a hold of the lawyer set up a meeting for Thursday 21st April to talk. Andrew informed the lawyer over the phone that we were not tenants we opened the house with his mother. Andrew went to the meeting unfortunately my health was to bad to attend.
The laywer Edith had wouldn't listen to a word Andrew had to say and bombarded him saying cause Edith said we were tenants that we were. Tried to tell us he had paper work saying we were only paying $50 a fort night in "rent". After Andrew demanded to see the paper work regarding the so called rent payments he was refused by the lawyer saying he hadn't brought them to the meeting. Before the meeting with Edith her new lawyer and Andrew. Andrew asked were to for here and what happens if the transplant team rang and we had to go. (Transplant team ring we have to fly to Auckland straight away if transplant happens we have to spend 3 months in Auckland. Yes we had the kids covered etc.etc. Andrew was told by both the lawyer and his mother if the call comes everything will go on hold till we got back!
The lawyer had asked andy for some things he wanted to see and asked for him no get them to him as soon as he could. End of meeting.
Friday the 22nd yes the very next day Andrew received a email from the tenancy tribunal to say we were been evicted and to defend his case he needed to at the court Wednesday 27th April. As soon. As soon as we got this email andy went straight to the lawyer that we had got all the paperwork for the house done with at the start. The laywer we wanted to see had just retired and the lawyer taking over his cases had been informed by Edith that no paperwork that she had signed regarding to the house was to be revised to her son. When Andrew demanded the paperwork that him and I had signed his answer was I haven't seen it I have a lot of paperwork to sort though. Andrew asked him to look for it and he would be back on the flowing Monday to pick it up.
We'll that was all we could sort in one Friday afternoon. So we had to wait till Monday and go from there! Guess what 11.30pm Saturday 23rd April Auckland transplant team rang we had to be at the airport by 530am Sunday 24th April for my transplant, I burst into tears and said to Andrew how can we go with everything going on with the house. He assured me it wasn't a problem his mother was going to put everything on hold so I could have the transplant. So I agreed to go.
That was a bad move. 2 Days after my transplant Andrew is on the phone to the tenancy tribunal trying to get the date of the hearing charged. His mother refused to stop it. We manged to get a week to trying and sort it. Long story short the lawyer that had the documents we needed wouldn't return Andrews calls. He could leave me in Auckland alone as Edith knew was is auckland transplant teams rules for 3 months I can't be left alone at all and we had no choice to stay up there. We had the kids search the house from top to bottom of the house for our copy of the contract all our copys and Edith's copys had been removed from the property the only person with acess to them besides up was Edith.
Long story short the tenancy tribunal had Edith's form to have us evected with us down as paying "50" a for night in rent and all they hadt received any of the emails or attachments or paperwork Andrew had sent in. Even with Andrew telling them we weren't even tenants cause they had her paperwork nothing Andrew said was even listened to and they evected. Edith was given a choice on how long it could be instantly or due to the situation with me in hospital that maybe she could give us time. Edith's reason for eviction was she had no where to live or sleep. Keep in mind there's a 1 bedroom flat on this property.
Any way Edith decided we had 4 weeks to get out! Knowing full well me and Andrew were stuck in Auckland for at the very least 2 and a half months.
In the end I had no choice after just 5 weeks of my transplant still in pain still trying to sort meds etc.. I had to discharge myself from the transplant unit and demand to be sent home, my kids are 15 17 and metal disapalled 22 year old (has the mentally of a 6 year old) even with the friends and family that were helping them there was no way the could not only pack the entire house up as well as find a house to move into and sort power phone etc... by themselves.
We tried to have a rehearing etc.. we were told that cause our paperwork this would be the email that they didn't receive till 5 min after the hearing but according to copys of the emails he received they had been sent to the tenancy tribunal the day before the hearing. We were refused twice for a rehearing even when Edith's paperwork each time she responded to the tenancy tribunal had changed eggs 1st the payments we were paying for "rent" went from $50 a fornight to $100 a fornight to $200 a fornight. Edith even had the bank account that we were putting the money into for the mortgage changed from "the mortgage account" into just her name. We were paying the agreed amount between all 3 of us when this was all going on we were paying $200 per week and the flat was been rented out for$ 225 so this covered the mortgage payments. On top of this for the 1st year we were paying her $450 per week so we were paying twice the amount we needed to incase I had to go to Auckland. We never missed a payment on the mortgage! It was also Andrew paying all the insurance for the house mortgage protection insurance everything. We payed all the day to day cost of the house power food etc. The only bill Edith payed was the Vodafone bill.
So we end up thrown on the street homeless we had to beg and I mean beg for help from winz we got put up in a one bedroom motel room with no cooking facilities other than a microwave. So 2 adults and 3 teenagers let's not forget I've just had a liver transplant and everything I eat drink etc his to be brought and cooked fresh every single day. 3 weeks we were stuck in a motel at $200 a night witch. We now owe winz around $8000 dollars for, while the house Edith so desperately needed to live in and had us kicked out of sat empty for 6 weeks!! That's right she didn't even move back into it for 6 weeks!
So now she has put it up for auction when we brought the house it was $550,000 now she is looking at getting over $700,000 for it because of the work Andrew and the builder had put into it to do downstairs and we end up indebt paying $600 a week in rent that we can't afford but had no choice but to move into and sign a lease for till the end of January. Since we were kicked out wrongfully she has spent about 3 weeks in. The house, she shows up at or new house to torment my 22 year old. She has stolen stuff of the kids cause we stopped answer her treating texts and calls. My 22 year old has nightmares ever night that her nana going to come hurt her. There must be something or someone that can do something to help us! Please we need help
Submitted: 2 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 months ago.

I am just reading this now

Expert:  Chris The Lawyer replied 2 months ago.

You need to see a competant lawyer and get the lawyer to lodge a caveat over the property to stop the sale and protect your interest in the property. This will stop any sale and she will have to then deal with the issue of your share in the property. Then it will be necessary to start a court case to sue for the breach of the contract over the property and the resulting damages and losses. You will be eligible for legal aid and I would like to refer you to a legal aid lawyer-can I ask what city you are in?

Customer: replied 2 months ago.
We live in wellington
Expert:  Chris The Lawyer replied 2 months ago.

I see several issues here including the problem that when you signed the property agreement you all used the same lawyer, which has created conflicts of interest, and the way the teanancy Tribunal has dealt with this. Who was the lawyer who has retired?

Customer: replied 2 months ago.
The lawyer we all used was ***** *****ning. The lawyer that she is using now is Costa Mathis a partner Gault Mitchell Law.
Expert:  Chris The Lawyer replied 2 months ago.

Do you want a referral to a new lawyer-there is a good legal aid firm called Thomas Dewar who have many experienced legal aid lawyers and may be able to help. Their website is here-http://www.tdsl.co.nz/

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