Does brother have share of house?

someonesmum_3

Thanks for that.. Yeah think she'll definitely be going through the courts, just hoping it all goes through fairly quickly and smoothly. The insurance she is sorting out tomorrow.

mjdh1957

Would insurance cover deliberate, malicious damage by an occupier?

moneyistooshorttomention

mjdh1957 wrote: »

Would insurance cover deliberate, malicious damage by an occupier?

Good point made there.....

and the answer probably boils down to = No it doesn't - and the only way to stop him doing any damage would be to inform him that there would be 'tit for tat' if he tried it and obviously mean it

....just don't have any witnesses...in case he tries to turn that on its head and say you threatened him (sounds like hes quite capable of twisting things to his advantage). When all you would be doing is making it very plain he's not to "get up to anything damage-wise or......".

EDIT; just googled and it looks as if the penalty for "unlawful eviction" would be up to £5,000 and/or 6 months in prison. How many guesses that what this guy wants to go peacefully is £5,000 then?

someonesmum_3

I understand what you mean and you've got him down to a tee there.. Would landlord insurance not cover malious damage by an occupier? We're going to get some quotes tomorrow,

Just had a quick check on Internet and malious damage should be covered by buildings insurance.

someonesmum_3

Well in my opinion he's already had £5000 and much more besides in free rent for years

zzzLazyDaisy

Please take advice before taking out landlord insurance. Yes, LL insurance covers malicious damage by a tenant However, you want him out because he is NOT a tenant and has no right to live there - and if he damages the property you are going to tell the insurance company that he IS a tenant?

What I meant was, do you have buildings insurance on the property?

If the property is uninsured, I suggest you see an insurance broker and explain the situation.

someonesmum_3

Very good point.. Thanks again, we will certainly explain to a broker.

mjdh1957

That's why I used the word 'occupier' rather than tenant. Landlord insurance might cover malicious damage caused by a tenant, but if there's no tenancy, what then?

someonesmum_3

Thanks everyone for your advice but I hope you don't mind but I wish to trouble you for a little more.Ok, update time. We now believe my uncle isn't interested in fighting for a tenancy, but he is fighting for beneficial interested based on his view that "my parents money paid the mortgage, it should be their house, therefore I'm entitled to a third". Obviously my mum disagrees with this as I've said in my earlier posts. But my query is now is there any legal steps my mum should be taking? She has been to a solicitors, she told my mum to send a letter asking my uncle to vacate the property in 28 days (which we posted through his letterbox) and come back to see someone if he didn't leave. Should she go back to the solicitors before these 28 days are up? What steps does he have to take to make a claim of interest? I presume she'll have to she fight these claims in court. What proof would he need? We've already checked the land registry and there are no restrictions on the property other than the legal aid bill from her divorce. I also take it that we just couldn't sell the property to another say landlord or company if we know that he intends to make a claim? But what if he never makes that claim? Do we just have to leave him there not paying rent?
Thanks again in advance.

BitterAndTwisted

He has no beneficial interest in the property, regardless of how firmly he might believe that he does. His parents did not own the property, they just rented it. He rented nothing as he was his parents lodger.

Yes, you mother leaves him there not paying rent, as it would be recklessly suicidal to do otherwise. She should press on with the solicitor to secure his eviction through the courts.