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Thread: Tenancy predicament

  1. #1
    Regular Member JSYSH466Y's Avatar
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    Default Tenancy predicament

    I need a little advise about a tenancy agreement.

    Last year my auntie died leaving a house and two children (aged 17 and 12).

    She left a will naming me, my cousin and his wife (both of whom we out with 7 years ago) as joint executors.

    When it came to probate his wife stood down and became a kind of silent executor.

    We originally took on both children but it soon became apparant that the eldest one didnt want to live with us and pushed us into the situation that we kicked her out and sent her to live with her elder sister. This left us with the youngest.

    Eventually the eldest child fell out with her elder sister and moved back into there family home as a tenant with a signed tenancy agreement which started as of February 2009 paying £400 per month. £200 of which is her half of the house and £200 which should be going into an account for her younger sister and ultimately us so we can pay for things for her.

    It didnt take long for things to deteriorate between me and my cousin the other executor and after many months of hassle with the eldest of the two daughters we are yet to see any rent now 6 months overdue.

    We are looking at it that if the house was rented to an average joe off the street we would now have £400 coming in split two ways. My cousin is saying that he doesnt think she should now pay rent leaving her and us ultimately £200 per month out of pocket.

    What are my rights to either A: get the other executors officially removed for not looking after the best interest of BOTH girls. B: Evicting (as bad as it seems) a non paying family memebr from the house?

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    Regular Member Fruit'n'nut's Avatar
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    I reckon a solicitor is your best bet.

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    Regular Member JSYSH466Y's Avatar
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    Problem we have with solicitors is the cost. We have the will solicitor but unfortunately he is between both of us. A normal solicitor we cant afford as we are paying for the youngest out of our pocket.

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    Regular Member JSYSH466Y's Avatar
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    anyone else? Im open to ideas or opinions

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    Regular Member BigLad's Avatar
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    Most Lawyers will give initial consultation for free, look in yellow pages and find one that does. He will give you the lie of the land and where you stand.

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    Regular Member JSYSH466Y's Avatar
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    would this not end with "we need to make you an appointment to come see us... Dont forget your cheque book"

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    Regular Member Dose's Avatar
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    Agreed or contact citizens advice for some free info

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    Regular Member JSYSH466Y's Avatar
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    Ive looked a little into it and it seems I can issue an eviction notice as 50% landlord giving 2 months notice, just not sure about the implications of the eviction ie how I remove her from the house as I know it will be messy, I get the locks changed and then have to give the OP a copy and we enter the loop again. I think I will start with the Family solicitor, then CAB then an independant

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