Rent Arrears and Probate

verysad52

Mojisola wrote: »

Have you had a good look for hiding places in the rent he rented from you?

Yes I jolly well did! All I found was loads of dodgy paperwork left behind, seemingly the man was claiming benefits of all kinds, and saying his children were living with him (all four of them) when they never did for close on a decade, and also bank statements showing just how much he was earning, although not admitting to the Inland Revenue as one Tax Credit declaration said he was only earning £1500 per year (yes per year)...despite running a rather lucrative business on his property. What a tangled mess he has left behind for the Executors. When he received his bail conditions saying not to come back to the top flat, he then slapped a proprietary interest on my property (seems like the onus is on me to prove it was mine not his) saying that because he was paying rent, it constituted paying off my mortgage on the top flat. Took me ages and thousands of pounds later to prove this was not the case. Amazing what trouble this man has caused. Absolutely astounding that he wrote in his statement that he was living in the top flat at a time when even I did not own the particular property! Coupled with that, there were tenancy agreements showing where he was living at that time, plus benefits being drawn on that address too. Absolute menace of a man and the hassle continues even when he is buried.

verysad52

Annie1960 wrote: »

You need to find out whether this was held as 'joint tenants' or 'tenants in common'.

If it was joint tenants, then it will go straight to his brother, not to his estate.

It is land that seems to be jointly shared but the Will says the shared land should go to the children, his beneficiaries.


Perhaps this is just another mess that will also need to be sorted out. I am sure that the children would contest if it went to their uncle since the family has been feuding for years.

Annie1960

verysad52 wrote: »

It is land that seems to be jointly shared but the Will says the shared land should go to the children, his beneficiaries.


Perhaps this is just another mess that will also need to be sorted out. I am sure that the children would contest if it went to their uncle since the family has been feuding for years.

OK, so it must be held as tenants in common then.

verysad52

I wrote to the Solicitors who are acting as Executors of the Will to ask the state of play. They replied to say that they did not feel that I had not provided enough evidence that he was a tenant. I forwarded a signed tenancy agreement, witnessed, a rent schedule of payments, and the letter of notice, then the Notice to Vacate, and possession granted, two letters showing I had asked him for the money. What else can I show to prove that he was a tenant and that this money is owing? Is it possible to challenge the Executors? I followed all the correct procedures legally. Common sense should tell them that if he was not a tenant, I would have rented out the property straight away and removed his belongings. I have since asked them what EXACTLY would they require to show he was a tenant since I have witness statements from people who knew both him and me saying that he was, an email telling me that despite my legal agreement with him (in writing) he felt it was null and void.
My main query is what makes the Executors say he was not a tenant, and if he was not, then what was he? A squatter? Please help

silvercar

verysad52 wrote: »

I wrote to the Solicitors who are acting as Executors of the Will to ask the state of play. They replied to say that they did not feel that I had not provided enough evidence that he was a tenant. I forwarded a signed tenancy agreement, witnessed, a rent schedule of payments, and the letter of notice, then the Notice to Vacate, and possession granted, two letters showing I had asked him for the money. What else can I show to prove that he was a tenant and that this money is owing? Is it possible to challenge the Executors? I followed all the correct procedures legally. Common sense should tell them that if he was not a tenant, I would have rented out the property straight away and removed his belongings. I have since asked them what EXACTLY would they require to show he was a tenant since I have witness statements from people who knew both him and me saying that he was, an email telling me that despite my legal agreement with him (in writing) he felt it was null and void.
My main query is what makes the Executors say he was not a tenant, and if he was not, then what was he? A squatter? Please help

This is proof that he claims to have been living there and that he paid rent.

When he received his bail conditions saying not to come back to the top flat, he then slapped a proprietary interest on my property (seems like the onus is on me to prove it was mine not his) saying that because he was paying rent, it constituted paying off my mortgage on the top flat.