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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33315
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello again ! May I ask you for some further advice please

Customer Question

Hello again ! May I ask you for some further advice please ?As expected my brother has written to me to say he has also seen a solictor locally who advises that I should definitely be paying him a reasonable rent and that this is standard practice . His main argument for this is that I only own one third of the property (which is of course correct) Surely this just means that he is also entitled to live in his third of the house?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
Once the six month period has passed your brother has a better argument for claiming rent - but until then he cannot do so as the Will is specific about the sale being delayed by that amount of time.
There is an argument that you could be required to pay rent after the six month period has passed - although that is arguable given that you have always lived there.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare and sorry about the long delay in replying-I've only just returned from work !
My main problem is that unless I can definitely tell my brother that the law says that he should not be expecting me to pay him this rent he will continue to pester me for the money . As he is now very confident that his own solicitor has told him that I must give him this money should I consult a solicitor locally who can view the Will in detail and give me a definitive answer? I should add that the 6 month period was until the end of March 2014 hence his constant pestering !


 


 

Expert:  Clare replied 2 years ago.
Hi
Ah so the six months has passed.
That would explain the advice he was given
HOWEVER in fact you could potentially have challenged the Will and claimed a larger share of the house on the basis that you were reliant on your mother for your home.
I suggest that you tell your brother that of he continues to pester you for rent then you may wish to consider taking action on that
Clare
Customer: replied 2 years ago.

Thank you Clare . Does this mean that there is no single answer to this type of claim that would fit every case but that it depends on the individual situation?
I know my that brother won't accept that your opinion is different to that of his own solicitor. I have always got on well with my brother (Until now!) and would like to find a way forward that would mean not too much conflict .I know he is desparate for the money as neither he nor his wife are currently working but I do not feel at all happy about paying out monthly rent .Can you suggest a way forward that would create a minimum of ill will between us ?

Expert:  Clare replied 2 years ago.
Hi
If there was only ever one approach to a case then we lawyers would be out of work which would be a very great shame for me - but frankly a lot easier for the world!
So yes I can see where his solicitor is coming from NOW THAT THE SIX MONTHS HAVE PASSED although there was no basis for the advise before the.
The obvious answer is to try and deal with this using mediation - you may wish to point out that if you are paying rent then you will expect him to contribute towards the House Insurance and Water Rates - which would have to be paid if the house was empty
Clare
Customer: replied 2 years ago.

Thank you .Another thought I had was to offer to pay him some money upfront now on the written and officially binding understanding that it would be subtracted from his final one third share out of the property ? What do you think?This would probably get him off my back for a while .When I suggested this to my sister (who is the other sibling involved) she seemed horrified as it would sugest to him that he has been in the right all along . I am still completely cofused as to whether I am justified in flatly refusing to pay him any money at all .

Expert:  Clare replied 2 years ago.
Hi
How about offering him it as a loan since he is clearly in difficulty - repayable from his share in due course
Clare

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