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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34477
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Myself and my two sisters are joint and severally deputies

Customer Question

myself and my two sisters are joint and severally deputies of a COP for my mum who has dementia and is in a care home. She still has a property that we rent out. myself and my younger sister want to serve notice to the current tenant to vacant the property but my eldest sister does not want to.
Legally what is the position. Is it majority rule in this case??
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is her objection to the course of action being proposed?
Customer: replied 2 years ago.

Hi Clare,

I'm anticipating that she will object as the tenant is her son!! I haven't actually given notice yet or advised my sister who's son is the tenant as I would like to know where I stand legally first.

He is refusing us entry into the property to view work that he has had done without authorisation from me or the letting agent. We have told him via the letting agent who will also be in attendance that we intend to enter the premises on the 7th November whether he agrees or not.

I'm anticipating that he won't let us in so I need the advice in adavnce just in case.

Regards

Andy

Expert:  Clare replied 2 years ago.
Are you acting on the advice of the letting Agent?
Customer: replied 2 years ago.

No. It's a long story but basically both my sisters wanted me to manage the property in accordance with the tenancy agreement which I have done to the letter of the law.

On the first of November 2015 it will be a year that we have rented the property to my eldest sisters son who has been a complete and utter pain in the back side. He has been quite abusive to myself and younger sister and is trying to intimidate us into not visiting the property which we belive we have a legal right to do so.

It has got to the stage where it is quite stressful and we have decided that enough is enough. The letting agent has not advised us either way but does agree with us that he has not adhered to the tenacy agreement and that he is being totally unreasonable

Expert:  Clare replied 2 years ago.
If he refuses entry then that is a good reason for not renewing the tenancyYou have "Joint and Several powers" which means either or any of you can take action and since two of you agree then your sister will have trouble in making a viable challenge to your actionsI hope that this is of assistance - please ask if you need further detailsClare
Expert:  Clare replied 2 years ago.
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Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare,

I think the situation has resolved itself now but if it flares up again or I need advice regarding any other issues then I won’t hesitate to get in touch.

Kind regards



Andy


Expert:  Clare replied 2 years ago.
You are welcome and I hope all goes well