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: 10915
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: 11 months ago.
Category: Law
Expert:  Ash replied 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice