The Owner of a Property as Died NO WILL NO RELATIVES maybe a chance to declare Adverse Possession?

edited 22 June 2019 at 1:09PM in Mortgage-Free Wannabe
37 replies 2.2K views
ChichoChicho Forumite
16 Posts
edited 22 June 2019 at 1:09PM in Mortgage-Free Wannabe
Hi guys, I please need some help, the owner of the flat where I live as a Tenant has died and he didn't left any will and no relatives have been found! He was sick and the person that he give the power of attorney which is on the contract as the Landlord and Me and My girlfriend as the tenants, there is a letting agency between as well, we know that the power of attorney do not survive death, but this Lady(the landlord) is trying to make as much money as possible continuing on renting out a flat that she as not right to do anymore. We have contacted the agency asking for proves of "The Landlord" rights to rent the flat and nothing came back from them, just a single line saying everything it is OK. Please I really need a hand, I think that I can have an occasion to stay and correct me if I am wrong because I have entered the flat with an agreement so I am not squatting, my intention is to report in some how these fraud that She and the Agents are doing and then stop them to bother me for good and just carry on staying in the house and maybe in 12 years declare my Adverse Possession on the property, I repeat that they have no right on this property, on the other hand I am living here! I had to sign a new contract of one year in order to take time and find a solution, because the old contract has expired on May 25 2019, we have sent the new contract but already 3 weeks have passed and they have no sent it back with the “Landlord” signature, can that be on my vantage? Please answer to our request :( and thanks people :)
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Replies

  • unforeseenunforeseen Forumite
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    To start with, stop paying any rent but keep it safe. The agency need to provide details of the person who will administer the estate such that you can pay the rent into the owners estate.

    It's a bit of a sticky one as, at the moment, there does not appear to be anybody in a legal position to either start eviction procedures or accept rent off you
  • LadyGnomeLadyGnome Forumite
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    If there really are no relatives then the estate passes to the Crown under the Bona Vacantia rules.
    Mortgage
    Start Nov 2012 £310,000
    Aug 2021 £174,115.10
    Reduction £135,884.90

    End Sept 2034 (but I have a cunning plan...)
  • ChichoChicho Forumite
    16 Posts
    Hi I know that but if the crown will know about the place, looks like the flat is register with no owner, that will take much more to the crown if never.. I need to stop the fraud of this landlord with no power of attorney and stop the agency that did not answer to our request of details and right to rent on the administrator of the property. i don't know how
  • LadyGnomeLadyGnome Forumite
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    How can the flat be registered with no owner? Is there no name at the Land Registry?

    You can report the estate to the bona vacantia department yourself.
    Mortgage
    Start Nov 2012 £310,000
    Aug 2021 £174,115.10
    Reduction £135,884.90

    End Sept 2034 (but I have a cunning plan...)
  • ChichoChicho Forumite
    16 Posts
    Ye no name on the land registry, why should I report the flat to bona vacantia? read again what I am trying to do please
  • LadyGnomeLadyGnome Forumite
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    My understanding is that Adverse possession is much harder to get these days with registered land. You have to formally apply to become the registered proprietor and the land registry will send out notifications to various parties
    Mortgage
    Start Nov 2012 £310,000
    Aug 2021 £174,115.10
    Reduction £135,884.90

    End Sept 2034 (but I have a cunning plan...)
  • edited 22 June 2019 at 2:05PM
    LadyGnomeLadyGnome Forumite
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    edited 22 June 2019 at 2:05PM
    The state is now the rightful owner and you are trying to build up an adverse possession case against them. You need some proper legal advice or you could end up in a mess.

    I am a lawyer but not a property or probate expert. Nobody on this forum can advise you safely on your rights or your proposed course of action. You need to discuss with an expert who has the facts.
    Mortgage
    Start Nov 2012 £310,000
    Aug 2021 £174,115.10
    Reduction £135,884.90

    End Sept 2034 (but I have a cunning plan...)
  • ChichoChicho Forumite
    16 Posts
    What I knew actually is that if is already registered with no owner is even better but I maybe mistaking, no one can apply to become the registered proprietor if not a relative or after 12 years of using the property(I am trying to get doing it)
    the very important point before to talk about 12 years of managing the property though is how to stop the fake Landlord and the agency
  • TigsteroonieTigsteroonie Forumite
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    So to make the clear, you want to stay put; not pay rent for 12 years; and then declare adverse possession?

    And your motivation for doing so is because you don't want the 'landlord' (who used to hold POA) benefitting from your money?
    :heartpuls Mrs Marleyboy :heartpuls

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  • LadyGnomeLadyGnome Forumite
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    Chico you need to get legal advice. They may be committing tax evasion or similar.
    Mortgage
    Start Nov 2012 £310,000
    Aug 2021 £174,115.10
    Reduction £135,884.90

    End Sept 2034 (but I have a cunning plan...)
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