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Legal leg to stand on re inherited house and siblings

35 replies

Thewokewokingwarrior · 12/12/2023 20:31

Long story short Dad passed away leaving a property that brother A lives in. Brother A offered to buy me and Brother B out after consulting three estate agents. I was fine with that but brother B thought it was too low. B demanded house go on the market. Eventually got an offer £50K less than brother A had said as market slowed.
Brother A put in an offer but B declined and wants back rent for the two years that A lived there. Is he legally entitled to rent? There was no rental agreement.
I feel sick with the stress, this is not what my parents would have wanted. Can anyone help pls Thanks

OP posts:
HappyHamsters · 13/12/2023 13:37

Have you or a kept that text. Do you know how much dad's estate will be worth including the house. If his will states the 3 of you inherit equally then that is what must happen. Personally I would resign as Executor and employ a solicitor, are you sole executor. It will cost financially but takes the pressure off you.

Dacadactyl · 13/12/2023 13:39

Your brother B sounds like a nasty tight git who deserves to be lonely.

Twiglets1 · 13/12/2023 13:42

Dacadactyl · 13/12/2023 13:39

Your brother B sounds like a nasty tight git who deserves to be lonely.

Totally agree.

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RedToothBrush · 13/12/2023 16:01

Brother A can legally force a sale.
Brother B can not legally force rental payments on a house that's under a forced sale like this. Legally it's still technically in probate before settlement.
The house can't be sold from under Brother A for less than the market value.

KatBurglar · 13/12/2023 16:06

Brother B is an asshat. I feel sorry for you and Brother A.

Thewokewokingwarrior · 04/08/2024 11:45

Hi there
This is an update on the situation and I'm hoping someone can help.
The house that my brother was living in has been sold and the proceeds divided. But now brother A who was in the house and has moved has been sent a letter demanding £34,000 in back rent from a solicitor.l from B.
So the whole stress has reignited.
I am cced in but upset because I don't know what this brother B is trying to achieve. The house sold for £65K less than brother A was willing to pay but A insisted on it going on the market which then slowed.
Now he is after more blood. I don't want to waste money on solicitors- it's not what my parents who earned this money- would have wanted. How do I shut this down?
I would be very grateful for any advice.

OP posts:
Stressybetty · 04/08/2024 12:18

An acquaintance had advice from a barrister on a similar situation. It's occupational rent, different from needing a tenancy agreement etc. One residual beneficiary having an advantage over another by living in and preventing access to the others living there. Advice was to negotiate. So did the person living there improve the property in any way and have receipts etc to prove it, would the property have been empty and unprotected otherwise. Were they benefitting the condition of the property by occupying it, eg keeping up the maintenance, gardening, heating etc. Haven't RTFT but it would be the marketable rent value at whatever % share so if 3 residual beneficiaries, rent would be 2/3 of the marketable value not the full amount.

DanceTheDevilBackIntoHisHole · 04/08/2024 12:18

You may want to start a new thread in the Legal section or report this one and ask it to be moved? There are lawyers about who are more likely to see this if it's posted there.

But in terms of shutting this down you're not really involved so I don't think you have any power to. It's between your brothers now.

DanceTheDevilBackIntoHisHole · 04/08/2024 12:23

Stressybetty · 04/08/2024 12:18

An acquaintance had advice from a barrister on a similar situation. It's occupational rent, different from needing a tenancy agreement etc. One residual beneficiary having an advantage over another by living in and preventing access to the others living there. Advice was to negotiate. So did the person living there improve the property in any way and have receipts etc to prove it, would the property have been empty and unprotected otherwise. Were they benefitting the condition of the property by occupying it, eg keeping up the maintenance, gardening, heating etc. Haven't RTFT but it would be the marketable rent value at whatever % share so if 3 residual beneficiaries, rent would be 2/3 of the marketable value not the full amount.

I guess I this case the one demanding rent prevented the house being sold ages ago so it's pretty cheeky to now demand rent.

Stressybetty · 04/08/2024 17:48

DanceTheDevilBackIntoHisHole · 04/08/2024 12:23

I guess I this case the one demanding rent prevented the house being sold ages ago so it's pretty cheeky to now demand rent.

Yep, you've got it!

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