copy of his email
When you use the flat you will be using it as our personal guest, not as a tenant or with any personal entitlement. You may invite Anders to stay at the flat with you while you are there, and the same conditions in this email apply to him as well.
2) While we will let you have a key for your convenience, this does not indicate the granting to you of any right, or any obligation by us, and we reserve the right to ask for the return of the key at any time.
3) Should we decide to sell or rent out the flat at any time, we will give you a week’s notice so that you can vacate the property before we start the process. Upon giving you the week’s notice, we expect that you will vacate within the week.
4) As it is our flat, we will pay the ground rent, relevant council tax and other utility bills. We will also liaise with the Management Company and deal with any issues arising.
5) While you are staying at the flat you will be responsible for your own food and other provisions.
6) I will be maintaining a calendar so that I know who is using the flat, and when it is free, so you will need to let me know when you would like to visit and for how long, and I will be able to let you know if that is ok.
Can you just confirm that you are happy to abide by the above?
When we entered into this arrangement it was clear that I would, in effect, be living in the flat. I expected to pay all utility bills. I expect my partner and I to have personal possessions such as art, music, clothes, kitchen items, decorations, books etc. My brother and his wife were not interested in visiting themselves. This has now changed but I can live with them coming occasionally but not dictating whether I can be there or not as it is entirely dependant on my partner, my parents and my needs where and when we stay. My aim is to be in the flat for as lengthy periods as possible as my parents needs are great.
I expected to have friends to stay as I will be tied to the area and all my friends live elsewhere. I also expected to invite relations to stay with the aim that they can visit my parents at the same time. I had no idea of my brother controlling a calendar of movements! None of this is necessary in my view.
I have thought about this and would rather prepare a statement declaring that I accept that I have no tenancy rights at all, and that any expenditure by me on the flat or its contents or the payment of any bills relating to the flat will not create any tenancy rights. Similarly any use of the flat by me personally or by my invitation to my relations or friends will not be taken as a right of occupancy. I am willing to recognise my brother and wife's prior claim to time at the flat and undertake to ensure that they can use it whenever they wish, within reason.
I consider a month's notice would be more realistic given that I would have to move a 87 yr old partner and all our stuff to sweden by myself!
I am unclear under what legal process such an email as my brother's would be enforceable. Contract law in a county court? If its a load of nonsence, I am happy to agree to it on the basis that it has no standing. If I start negotiating about its twerms I may be setting myself up for an actual contract?
How would an email agreement between us be enforced by my brother? What legal arena/process would he have to use?