Hello my name is ***** ***** I will help you with this.
Just to confirm she has not been in possession since June 2012 and not before?
She still owns the house but has not had any residence their since June 2012 when the fire took place before this she lived there for 20+ years.
The house now in inhabitable and all the burnt contents rubbish etc. are still in there. She was in the news papers as a hoarder and we think this is why she will not come back and sort the issues out. Please see http://www.westbriton.co.uk/Hoarder-warning-Camborne-house/story-16434394-detail/story.html since this was published and it was on the news she refuses any contact to do with the house and as far as we are aware still does even her loss adjuster has been here trying to contact her.
Its bad news I am afraid.
You can't claim adverse possession. You need 10 years of exclusive access to the property to claim that.
However you can do several things:
1) Complain to the Council
They can get a property management order
This is where they decorate the house and let it to a Council tenant.
2) Take her to Court
What you can do is sue her at that address for the shortfall
Obviously she wont respond if she has moved out
But the court are just concerned that she was served at her last known address
Once you get a CCJ for the damage and costs then you can get a charge on the property, this makes the debt secure
Once you have a charge on the property then you can apply to the Court for an order for sale
This then sells the house, which you will have an opportunity to buy and pays the debt to you
So those are the two options: Council for a property management order, or Court
Can I clarify anything for you about this today please?
would we get the first option to buy ? if an order of sale was inforced ?
and would the monies owed go against the cost ?
No you wouldn't get the first option necessarily but you can express an interest.
And yes, monies would go against the cost
But if there is a mortgage, they would have first charge so paid out first, then if you are second charge because of the CCJ you would be next etc
Fantastic There is no mortgage on the property. Thank you for the clarification.
Can I help with anything else today?
no that's great than you and I will start the wheels in motion to Take her to Court.
If I could ask you to try and rate again - I have unclicked the box - thanks