Rights of a part-owner/occupier after death?

thegreenone

If the property was only Sold STC on 6 November, I would think Uncle has at least until end January until completion.  Why are the brothers pushing him out so soon?

They will be responsible for an empty house and all the bills and 'security' visits that go with it and no guarantee the sale will go through.  Uncle definitely needs to speak to Shelter and LA and ask for help, in the interim, to stay in the property until completion of sale. Perhaps with the suggestion that Uncle clears his Mum's things and ready's it for sale.

Malthusian

If the property was only Sold STC on 6 November, I would think Uncle has at least until end January until completion.  Why are the brothers pushing him out so soon?

If they gave him the completion day as a deadline, they would essentially be selling the property with a sitting tenant as he could say "I'm going nowhere" on deadline day and the new owners would have to go through the eviction process. Unlikely to be ideal, especially if the new owners intend to live there. I realise "sitting tenant" is the wrong term: if you sell a house you partly own but refuse to leave after the title is transferred, do you become a squatter?

The new owners may not have made the offer if it came with the risk of being responsible for evicting the brother. If the deadline is before the exchange of contracts, they can pull out if it gets messy.

An empty house is less of a risk than an occupier who isn't paying rent and may be very difficult to evict.

In theory, as the brother is a part owner, and the other owners have not gone to court to force a sale, he is not being pushed out. He is leaving his property of his own free will so it can be sold, rather than wasting everyone's money including his own on making the co-owners go to court to force a sale.

*edit* FWIW (probably not a lot), if I was one of the brothers I would lend brother 3 whatever was needed to get him into a new place. Interest-free and secured against his share of the sale proceeds; the solicitors should be able to handle that. That would solve the problem that he has 20% of a house sale to spend on a new place one way or the other but cannot access it until he already has, and landlords increasingly demand a substantial deposit up front.

Of course, it is very possible the difficulty in finding a new place is not really financial.

Vande

pollypenny said:

Vande said:

Ms_Chocaholic said:

Vande said:

Just to follow up on this . . .  my uncle has been given a deadline to be out of the house.  
He has pension money plus he will get his 20% share of the house.  He has tried to find somewhere, originally to buy, but as time ran out to rent.  But has been unsuccessful.
So it seems like next Friday he will officially become homeless.

Has the property been sold?

Who has given him the deadline to be out?

Yes, an offer was accepted on 21st October, and on 6th November was Sold STC with draft contract.
One of his brothers is the executor, and he arranged with the solicitor that they send him a Notice to Quit.  This was sent on 29th October.

Are the other brothers offering him any help at all - whether practical or financial?  

No, they are just eager to get their share.

Vande

I have passed these suggestions on to him, and he hadn't considered speaking to Shelter, so he is grateful for people here for their help.
I just hope he contacts them quickly, and that something can be done.
As he lived alone there with their mother, much of the house became full of his stuff over time, and he is a self-confessed hoarder of entertainment products, so he has not only had to be trying to find somewhere else to live, but also spending every day contacting people to take stuff away for him.  I have an active ebay account, so have sold some things on his behalf, and a company is also selling some things, but other potentially valuable stuff was just given away or chucked in a skip, because the timescale was just way too short to sort out such quantities respectfully.

p00hsticks

thegreenone said:

If the property was only Sold STC on 6 November, I would think Uncle has at least until end January until completion.  Why are the brothers pushing him out so soon?

If I was the buyer though, I'd be pushing for vacant possession ASAP (in fact I personally wouldn't even have made an offer in the circumstances without it). There are too many horror stories over on the housing board of naive people offering on houses with tenants / divorcing spouses / surviving relatives in and spending a lot of money on solictors, searches and surveys, only to find that the person living there refuses to move out and the sale falls thorugh.

Ms_Chocaholic

p00hsticks said:

thegreenone said:

If the property was only Sold STC on 6 November, I would think Uncle has at least until end January until completion.  Why are the brothers pushing him out so soon?

If I was the buyer though, I'd be pushing for vacant possession ASAP (in fact I personally wouldn't even have made an offer in the circumstances without it). There are too many horror stories over on the housing board of naive people offering on houses with tenants / divorcing spouses / surviving relatives in and spending a lot of money on solictors, searches and surveys, only to find that the person living there refuses to move out and the sale falls thorugh.

Maybe they are not aware of the circumstances that has led to the sale.

thegreenone

p00hsticks said:

thegreenone said:

If the property was only Sold STC on 6 November, I would think Uncle has at least until end January until completion.  Why are the brothers pushing him out so soon?

If I was the buyer though, I'd be pushing for vacant possession ASAP (in fact I personally wouldn't even have made an offer in the circumstances without it). There are too many horror stories over on the housing board of naive people offering on houses with tenants / divorcing spouses / surviving relatives in and spending a lot of money on solictors, searches and surveys, only to find that the person living there refuses to move out and the sale falls thorugh.

True.

I wonder if Probate is required too.

Vande

I have changed the title of this topic, as "tenant" is a somewhat misleading word in these circumstances.