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Help needed Please.

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Comments

  • If he's wealthy the dirty old dog can provide his own. He sounds like he needs to be given a little shove. Like being told he hasn't got a free home until doomsday
  • walks
    walks Posts: 411 Forumite
    My Brother has emailed me again after sending the rest of the comments on here, He says. I spoke to the solicitor about it when we went to see about probate, she suggested we have a tenancy agreement then. He also wrote:

    I think if He was of the mind he could take up squatters rights, and that would be even harder to resolve, if he signs a tenancy agreement it is valid for six months and then rolls on month by month, we then ask him to leave after six months if we needed to.


    he tells he thinks iam getting my self worked over nothing :confused:
    Am i
    pip

























    Every cloud has a silver lining:j
  • RAS
    RAS Posts: 36,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Start by reading this thread http://forums.moneysavingexpert.com/showthread.html?t=2156295and you will see why you need to be very careful. You need the correct documents, the gas certificate, the right insurance, and would be advised to join the association, so that you do not fall into any of the traps along the way, etc, etc. If you are seen to take a deposit, that has to be secured properly.

    Does your brother understand all this?
    If you've have not made a mistake, you've made nothing
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    I think you should see a solicitor. It seems to me that the man has no legal right to occupy the property and your brother can't offer him a tenancy agreement unless you and the other brother are in agreement.
    If you can't afford a solicitor, please seek advice from CAB.
    At the moment the owners of the property, your brothers and you, are responsible for building insurance and water rates as well as any repairs you wish to do to keep the property in good order.
    You are also responsible for the electricity and, gas bills if these were in your mum's name as responsibility for paying these will have passed to the estate, you and your brothers.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 16 January 2010 at 2:36AM
    Walks - a solicitor who deals with Probate will know naff all about Landlord and Tenant Legislation.... this advice to give him a tenancy agreement is not right... PLEASE dont do that..

    once he and you have signed a 6 month agreement HE THEN HAS A LOT OF LEGAL RIGHTS....... and at the end of the 6 months you will have to take him to court if you want him to leave and he does not want to leave.... and even once the court has told him to leave he still does not have to leave.. and you will have to go back to court and get a Bailiffs Warrant to get him out.... this will take several months.. and - you have no idea how to do all that..... have you ?

    DONT give him a tenancy agreement... persuade your brothers to go to a solicitor who specialists in landlord and tenant issues and take the will and do as suggested before...

    Walks - i havea been a landlord for 10 years, and dont want you and your brothers to find yourself in an even worse nightmare situation 6 months down the line..

    right now this man MAY have no rights... only a solicitor can tell you that when you take the Will in - if he has no rights - you can get him out

    As soon as you give him a tenancy agreement he has loads and loads and loads of rights.... and will only cause you more grief....
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