How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Background of what has happened so far - My estranged brother

Customer Question

Background of what has happened so far - My estranged brother ***** *****ves in a manor house, a 16 bedroom stately home. His eight children have all recently left home and he felt that the manor was too big for him alone. He has decided to turn the old servant’s quarters of the manor into two, two bedroom flats, a one bedroom flat and he retains the main body of the home for himself.
Bev and Colin decided to rent one of the two bedroom flats and make an appointment to sign a six month lease. Colin was asked to sign an agreement entitled ‘licence’. Colin signed the document and was agreeable to £350 rent a month. Bev a week later signs a separate but identical agreement to Colin.
The second two bedroom flat is rented by Natalie. Natalie also signed an agreement entitled ‘licence’ which included an additional clause which allowed Mark to add a third party into the flat at any point. Natalie has recently fallen out with Mark due to him introducing Nigel into the flat. She has since decided to move out now that Nigel has moved in.
The one bedroom property is rented to June. June’s agreement is identical to Natalie’s (Mark can introduce a third party into the property at any time). It also contains a clause which states that June should vacate the property every day between 6-7pm so that Mark can access his wine cellar, the only staircase to which is in June’s apartment (something completely unreasonable in my opinion).
It has recently emerged that at the time of making the above agreements Mark wasn’t actually the freehold owner of Fairview manor. I have sought advice and it has been discovered that I am now the freehold owner and I am now seeking vacant possession of the entire manor as I wish to turn the property into a spa to add to my chain of business.
Can I obtain vacant possession of the whole property or not and if so how do I go about this? Do I need to evict all tenants in situ at the moment, what happens to their contracts they hold with my Brother?
Thank you in advance.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How long have you been the owner? How come you didnt realise? Does Mark have a lease or given a lease to the others?
Customer: replied 2 years ago.
Hi Alex,I have been the owner since Mark has lived in the property, I don't speak or live anywhere near Mark I have only looked into this recently. Sorry I don't understand the last question.Thanks, Nicola
Expert:  Ash replied 2 years ago.
Ok. Then yes you would need to serve notice on all occupiers. Then if they refuse to leave you would need to apply to the Court for possession. The only way of getting possession is with a Court order as these are being used as private dwellings. If it was business use that would be different.
So yes you need to apply to Court using form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The Court will list the matter for hearing and decide whether to give possession.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
so that is how I would obtain vacant possession? Do I have to evict all tenants or could I decide to let them stay, if they stayed would the contracts need to be altered? Thank you
Customer: replied 2 years ago.
and also I am bait confused over the point Mark mentioned about them signing 'licenses' what does this mean with regards ***** ***** tenants at the moment do they have more rights as they signed a 'license'. And do I need to evict Mark? thank you.
Expert:  Ash replied 2 years ago.
The contracts are not valid at the moment. Mark is not the Landlord, you are - so all contracts are void and not valid.
Yes you can choose who you want to stay and go. A licence is simply a document which says they can stay there, it doesnt give a tenant any rights to remain.
Can I clarify anything else for you?
Alex
Customer: replied 2 years ago.
Then what is a 'lease'? And does it mean anything that Bev and Colin signed different agreements at different times?
I have spoken to a friend who is a solicitor and the only thing he said was about '3 hallmarks' could you tell me what this means, does it mean anything to you? But no everything else you have provided is great thank you.
Expert:  Ash replied 2 years ago.
A lease is something which is fixed and long term, ie for several years. 3 hallmarks means nothing to be sadly.
Sorry!
Can I clarify anything else for you?
Alex