Legal advice

music2dance2

If anyone could give me some sound advice on this issue. Its not a common one though. Or point me in the right direction of who to talk to.

Our Property was owned by a family member. The intention was for us to buy the house from them or they was going to give us the house as a gift. Sadly they passed away unexpectedly. The decease's will was not up-to-date as they were very young and the property was passed to someone who was no longer in contact with the deceased.

Before the family member passed away we spent thousands decorating and repairing the hosue. The main cost being new double glazed windows and new doors front and back.

The new owner is not willing to pass the house onto us or sell at a responible price and so we want to leave. My query is although we could take some of the decor and fittings we have made, but what about the windows, front & back door? Is there anything we can do regarding recouping some or all of that money from the new landlord?

When we moved in the windows were the original ones from 30 years ago or more. We let through an agency and have done since the begining. We have tried to resolve this with the new landlord but they said just speak to the letting agent and see what they can do. Since then they have talked and the new land lord isnt going to pay us anything as his solicitors says he isnt legally obliged to.

The person that passed away and the new landlord used to be friends many years ago, the new landlord used to be an old family friend. He has on occasion done a couple of repairs on the house also. Considering we arent all complete strangers you would think with a family member passing away they would have some heart, obviously not.

Any advice would be greatful. We are thinking of maybe getting some old windows put in but not sure if that is poss right now. We just dont think we should just give him our money as he is getting a house for absolutley nothing and cant even part with a bit of cash, especially as the house was in a right mess when we moved in (he wasnt landlord then, only in last few months), right now the house is in great condition thanks to use. Without wrecking the place what can I do?

BitterAndTwisted

Replacing the new windows with old ones, if you can find them would just be throwing more good money at the problem and will get you nowhere, except out of pocket.

Has the new owner had the property valued? What might be a reasonable market-price for it?

In any case, I wouldn't make any plans for moving out in a hurry. You've got plenty of time.

I think legally the new owner owes you nothing as they have correctly stated. Morally, that's a different story altogether.

bris

The windows and doors belong to the property and are not regarded as fixures and fittings. As they were put in when the old owner was still alive they were his property anyway and although you paid for them they belonged to the house, therefor him. The new owner has inherited them with the house so removeal could lead to legal action against you.
Timing hasn't been kind to you may have to move on from this.
You could however see a solicitor about the verbal agreement you had with the deceased relative which might give you some rights to recover renovation costs. It's a long shot but spending thousands on a property that doesn't belong to you could be seen as proof the egreement existed.

music2dance2

Some major updates.....

As this wasnt a recent problem we decided to look for a new house, and have already complete and will be fully moved out of the old place.

We have about 3 weeks left of the tenancy to get something sorted. I will see if I can get some advice from a solicitor about what we can do. I wouldnt want to spend much money on getting some old windows put in from somewhere (when someone gets their windows replaced if poss) it just pains me to let this guy have them and he is being so out fo order.

Flyboy152

Why don't you take he floorboards while you are at it.

lucylucky

If you remove the windows and replace them without the owners wishes you will find yourselves in all sorts of trouble, and out of pocket for a lot of money too.

Leave it and move on.

BitterAndTwisted

Save your money on seeking a solicitor's advice. The new owner owes you nothing. Get out of the property and move on with your life. I understand your resentment but there's nothing you can do or any remedy you might be able to achieve.

petebeale

Hi Music 2 dance 2,

Sorry to hear of your plight. What type of tenancy do you have? If you were living in the property under a tenancy prior to 1989, you may have a much stronger legal position through a Regulated Tenancy.

I hassen to add I am not a lawyer, but here is a link which might be useful, in the above instance.

http://www.communities.gov.uk/publications/housing/regulatedtenancies



Best wishes

Pete

music2dance2

Thanks Pete I'll check that out and reply back with my tenancy type.

Thanks to eveyone else for posting your opinions, seems I may have to walk from this one.

However we may replace the front and back door and take them with us as they will be useful to us if we can use them in our new house.

joerugby

If you want some legal advice why not try a solicitor?

G_M

OK - you asked for legal advice, not moral position.

The family member passed away. For whatever reason (intestate or old will) the property passed to 'new owner'.

'new owner'. now owns the property. In its entirety. As it is. Windows and all.

You are tenants of the 'new owner'. As tenants, you have certain rights (depending on the type of tenancy which is unclear), but these do not extend to ownership of the property, or any part of it.

If you wish to stay, tenancy law may allow you to, either temporarily or semi-perminantly, depending on the type of tenancy.

If you wish to leave, you need to give appropriate notice, again this depends on the type of tenancy. When you leave you cannot take any part of the property with you. You will be entiteld get back any deposit you may have paid the 'former' landlord/owner/family member.