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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10452
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, I jointly own a bungalow with my brother. We recently viewed

Resolved Question:

Hi, I jointly own a bungalow with my brother. We recently viewed a council sheltered property and both agreed to accept the tenancy. I would move into the new flat whilst my brother remained until it was sold, then he would join me. Having signed the tenancy agreement in my name and also engaged an estate agent we were offered the asking price.
At this time my brother refused to move. I was relying on half of the sale proceeds towards furnishing the flat and also securing my financial future.
Is this acceptable in law. Does his right to remain override my right to sell?
Can I force the sale?
Please help me as I am really stressed by this whole fiasco.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Provided you hold the Property as Tennats in Common, you can force a sale of the property, by virtue of the Trust of land and Appointment of Trustees Act.

I assume you hold the property as Tenants in Common, as opposed to Joint Tenants. If you do not, you can change to become Tenants in Common relatively easily- all you need to do is to serve the appropriate Notice on your Brother and send a Form to the Land Registry. You may wish a local Solicitor to assist you with this.

Court should of course be your last resort, but the mere threat of you issuing proceedings may be sufficient for your brother to see sense. The alternative would be for your brother to buy you out if this was financialy viable.

I hope this helps and sets out th elegal position for you.

Kind Regards

AL



Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for that information.


 


What are we talking about by way of fees /court costs should my brother refuse to move /sell and court action is needed?

Expert:  Aston Lawyer replied 3 years ago.

Hi Sylvia,

Thanks for your positive feedback.

If you were to instruct a Solicitor, I'm afraid you are looking at Court costs of approx. £150 and legal fees of £1,000-£2,000 plus VAT, depending on how far it went through the Court process.

Kind Regards
AL
Customer: replied 2 years ago.

I have just visited my solicitor who has informed me that the cost of court action could be as much as £15000, with a further payment of about £15000 if I lose and costs are awarded against me. I was also informed that there would be upfront part payments before the case got to court.


 


This being the case your estimate of £1000 - £2000 was way of the mark. On this advice I was prepared to take the risk but on finding the true potential costs I will not be going ahead.


I think on this basis of this bad advice you should refund my £36 .


 


I look forward to receiving my money.


 


Yours faithfully


Sylvia

Expert:  Aston Lawyer replied 2 years ago.

Hi Sylvia,

I can't talk for other Solicitors, but the costs you have been quoted are very excessive.

I note your question, for which you kindly paid me, was to ask whether you could do try and remove your brother and I believe I answered this question for you.

Kind Regards

AL