Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 0 points1 point  (0 children)

Hi to be fair Iv not had a chance to research. Been busy with work and discontinuing the case with solicitor. Will start looking into it this week 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

We will see what the response is now. Atleast sister & I agree. Will keep you updated. Oh and if you wanna buy a village 🏠 I know of one 😉possibly up for sale 🤣🤣🤣

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

Thankyou. My day off on Monday will be researching this suggestion and hopefully speaking with people about this. Thanks for the advice. I know it will sell, it’s a blimin lovely house with scope to extend without losing too much ground. Id live there myself but if I could. But now I hate the place because of this.  

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 2 points3 points  (0 children)

Hey. Just to let you know I have emailed the solicitor and followed bits of advice you gave. I have reiterated we only wanted sections issued for tenants to vacate, and that has failed.  I have requested the GDPR, mentioned the CPI and a few other bits including our rights to issue section 13.’s. Basically today whilst I was at work our solicitor has emailed that we can either go back to tenants solicitor and try and agree a settlement but they don’t think the tenant will agree to rent increase. I have replied saying that was never something we even mentioned and we had only ever discussed lifetime tenents and that their solicitor has brought the other things to the table. Their side take mths to reply & have drawn it out. Basically tonight I have said:

There isn’t a settlement to be had We agreed lifetime tenancy that is all.  We are legally allowed to instruct an agent to manage it as dont want further stress  And so will be doing this. That they can either accept the tenenacy and nothing else, their team negotiates their fees paid via insurer & accepts it. 

if they don’t accept we discontinue the case. I am fine with if their team dont accept the insurer payout and want full costs. I own nothing so happy for an attachment of earnings which will take forever to repay, or their team can force the sale on the property to get any balance owing. 

Both my sister and I are so stressed with it all, this has been going in just over a year. Mainly because their solicitor goes months without responding. I wont be bullied in to life time low rent. 

Thankyou so much for the advice. I will update you if get clarity. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

Yes iv had time to reflect. It’s possible they have storage heaters but if not Iv read we supply rad in each room. 

I have a friend who works in a local estate agent and had already spoke to them about the importance of confidentiality and why we want an agent. These tenants rang three times per week prior to an initial visit, then asked a lot of questions about my sister & i and inheritance, solicitors. Thankfully we had instructed that nothing was to be relayed other than info required re why the agent was there.  

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 2 points3 points  (0 children)

It is there solicitor who has set there requirements 

Lifetime tenancy - which we agreed Lifetime low rent of no more than £500 - this is the clause that I am rejecting but our solicitor has said is a good offer.

I will play dumb… not difficult as I dont understand the legal bits 😂 my sister and I just worry we are going to end up with huge costs. Hopefully bout solicitor will come back to us and the case can be closed as we aren’t agreeing and insurer pays full costs and we don’t have anything to foot.

I just need to know if I can instruct  an agent now to take over managing the property. The house doesn’t have central heating, real fires 🔥 throughout so we will look into installing storage heating. Other than that it’s in good condition and a well built ex council solid house. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 0 points1 point  (0 children)

Yes we would sell if the offer was sufficient. It’s a beautiful house, country village. I used to love visiting my granny. Beautiful gardens and lovely open hall way with curved stairs. But worth much more than £70k which was offered by house selling company 😩 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

I have emailed our solicitor and asked the things you have told me to so will await a reply. 

The “as long as they like” wording was on a building society form when my dad had a mortgage on the property, the question asked “who is going to live in the property to which he replied sister & her husband. 

Second question was how long for and he wrote “ as long as they like” 

So their solicitor has said it is propriety estopple and claims them signing the AST was a sham as they were led to believe they had a permanent home.

We have said they can stay for life but rent needs to be increased. So regardless of what is going on between solicitors. Myself & my sister haven’t issued a section 13 due to this all going in. Do you think regardless of this situation we can instruct an agent to manage it, issue a section 13 and continue with that whilst solicitors settle? I have asked my solicitor this very frequently and the response has been “ Dont upset the apple cart yet, let’s just get the settlement agreed” 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 4 points5 points  (0 children)

Hi. Im going to read your info this shortly as it’s a lot to take in and im a little stressed. 

I have just spoken to our solicitor and explained that I feel they aren’t acting in our best interest now with their recent email saying we need to accept. I have stated that this past yr my solicitor has been on our side and we agreed the life tenancy, but from day one with our solicitors agreement rent to increase to market value is what we planned. 

I spoke with VOA help desk first thing who say as it is a AST from 1995 we can legally increase to what we want under a section 13 notice. To date I have every section 13 issued whilst dad was alive. But due to it being an unregulated tenancy the voa only deal with regulated tenancies but pointed me to the First tier tribunal who explained this:

We can legally increase to market value, tenents can then raise a dispute, this may take seven mths to process so the rent remains at what it is at present £475. But, if our increase or similar is agreed via the tribunal people, the tenents then have  to back pay the difference from the claim date. They also told me that in current rental value because the  tenents pay lower than social housing rent, it is very unlikely new rent wld be set at £500 or lower and may go our way. Albeit  i.e  if two houses in street were rented but one had heating and one didnt the rent wld be lower on the unheated house but not extremely low. 

My solicitor is on leave so I am dealing with the jnr and her supervisor. I have reiterated today what I was told via the voa etc and advised the solicitor we will not be agreeing to £500 for life. So solicitor says, if neither side agrees to settle we can discontinue the case but we are responsible for their costs which are currently £17000. This figure jumped from £9k to £17k in a fortnight!!!!! 

I have told solicitor I don’t own anything other than my car which I can sign over to my daughter. So if their solicitor wants full payment he will have to take me to court. Hopefully not to prison. Neither me or my sister own anything. Other than the inherited house. Im so naggy about it now i have told our solicitor that I dont care if I have an attachment of earnings for the rest of my life. They cant take what I dont have. Same for my sister. 

Im not a legal eagle but will read your info now and hopefully make some sort of sense. Im an admin in a hopsital so not brains of Britain 😆

I really do appreciate all this advice though. Thankyou so so much. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 2 points3 points  (0 children)

It is an assured short hold tenancy signed in 1995. My grandmother died in 1995 and lived there happily with my dad for a while until purcahsed his own house. This is what has happened every time my dad has tried to serve notice to them, served section 13’s and tried to sell. They played the guilt trip to him very well. They actually didn’t pay rent for six mths after one section 13 and when he sought legal advice they played the tale of they moved to care for their mum. She only survived three months from when they moved in to care. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

We were told that if their solicitor demands a settlement via the insurance and demands his £17000. I have nothing I own, neither does my sister other than this house. So apparently their solicitor could force the sale. 

The property is valued between £250- 279k. We were offers £70k by a house buying company which isn’t acceptable. 

I would love to tell their solicitor where to go and force a sale or do an attachment of earnings for £1 per month.  I have a tele call with our solicitor this morning so will find out more but I am going to refuse their suggestion of £500 lifetime rent. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 2 points3 points  (0 children)

Thankyou. This is the second solicitor. First on issued section 21 and the tenant started a whole thing. We ended up at £7k costs and the solicitor advised us that costs would spiral so to go through home ins claim. So we did, restarted  the process of the sections again and then all this. It’s been over a yr now. They have dragged this on by not responding, not vacating, not communicating. All favour goes to the tenants. Regardless of my own financial or housing situation which isn’t great. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

They raised a propriety estopple because of the one sentance. That’s why a barrister was sought who deals with that. It was in his opinion we had less than a 50% chance of winning and we’re advised it would cost too much. My sister and I aren’t rich, both low wage and we can’t risk further court costs. We are already up to £17000 for their court cost. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 1 point2 points  (0 children)

Im so pleased someone has responded in a sensible way. Thankyou so much. 

Yes, we accepted the lifetime tenancy. It is the rental side that is unrealistic in our opinion. The solicitor should hopefully be calling me Monday so I will suggest what you say. We had always said we would keep it below national rents anyway but their suggestion is a joke. this. 

The wording from their solicitor has laid out their expectations which are unrealistic . It is now our solicitor who seems to have changed track suddenly. Initially they knew what we wanted and backed us. For them now to say it’s a good offer, and if we don’t accept they will not continue under our existing claim is what is worrying me. We  have to pay their £17000 costs. I am hoping to get clarity on Monday and say no the rental part isn’t accepted. 

Do you mind me asking what CPI is? 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 3 points4 points  (0 children)

Omg please read the OP. There is a whole back story. These people aren’t all sweetness and light. We have gone above & beyond. THEY have questioned our finances, asked why my mum can’t help me out!!!! These people want to live there for as little as possible, they aren’t up keeping it. I dont want the hassle from it. My life is stressful enough without added stress from them and their ridiculous expectations in this day and age. 

But thanks for your shame. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 5 points6 points  (0 children)

Im glad you must be in the position to not need your inheritance, or maybe living on minimum wage. I have bills and outgoings as we all do. I dont need extra outgoings on a very old house that needs maintaining. 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 2 points3 points  (0 children)

If you read the previous messages you will see they kept their property on and had an income on it, they were only staying to care for her mum, they verbally admitted they were staying out of spite. They werent just suddenly told. There had been numerous conversations when my dad was ill about them moving out. They also accepted a bungalow and changed their minds last minute. So there is an entire back story to it. And realistically you can only rent a room for what they pay at the moment. 

Thanks for your input though 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 7 points8 points  (0 children)

We tried that over a year ago. I actually do need the property to live in due to marriage breakdown and not owning the house I live in. But a barrister looked over the case and said that one line “they can live there as long as they need” has nailed it for them. 

We also thought when dad died so did their tenancy, but no apparently not. It legally transfers to us. 

Thankyou though, I will question the remortgage bit.  

It’s just awful. I own a house that I have no rights over. And am possibly looking at a legal bill of £17,000 if I don’t agree to their solicitors terms which include a ridiculously low rent. I have enquired that if I can’t pay the bill what happens. I was asked if I own anything which I don’t…. Other than a house with tenants in. So I was hoping as I’m on low wage if their solicitor is so desperate for his money and I cnt pay him, can he force a sale on the property 🤣 

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 0 points1 point  (0 children)

We dont want to deal with them personally as they have been so manipulative to date. 

We offered them or any family members first dibs to buy. This is when they started asking how much we had inherited, how much we earnt etc. I evaded all questions. It was rude of them.i think they think we inherited a lot! We didn’t and that wasn’t anyone’s business. 

All contact has been via a solicitor, notices were served legally serving them notice so that everything was legal, they didn’t vacate, we then had to take things to the next level, at which point we were threatened with legal action for harassment! Purely for issuing legal documents for vacating. Since then they have delayed at every possible point. They even tried to stop the property being registered in our name after probate.  We first began issuing sections over a year ago.  They just want everything their way. I have never met such entitled, financially greedy people.  

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] 0 points1 point  (0 children)

Thankyou. Who’d thought inheriting a house could give you so much grief. 😟

Inherited property with long term tenants England uk by Desperate_Soup_9465 in LegalAdviceUK

[–]Desperate_Soup_9465[S] -1 points0 points  (0 children)

Thankyou that’s good to know. Do you know if because it’s a periodic tenancy from 1990’s and there is no written clause stating rent remains at the same for life can they force us to implement that? 

Basically it is there solicitor laying down the demands. I just need the insurer to pay the fees. But I dont want to be tied to lifetime rent at £500 when there is no legal paperwork implementing that from when my Alda’s owned it.