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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In February 2001 my two brothers and I were left three properties

Customer Question

In February 2001 my two brothers and I were left three properties in Walsall, Staffordshire, as tenants in common. These properties have always been tenanted. They are now to be sold by joint agreement.
My brother John, who owns many properties of his own and ran his own building company, has managed the properties from the start, collecting rents, paying bills etc and has had sole access to the bank accounts.
He has also regularly disbursed sums of money to me and my brother which income from the properties. He has occasionally supplied a resume of annual income and expenditure for which he deducts an annual sum to his daughter.
I have asked on a number of occasions over the past year to be given corroborated evidence of income and expenditure for the properties, bank details and access to the bank account. But he has never responded, providing merely an uncorroborated lists without any information as to reserves.
He has never properly replied to my requests or given any reason for his failure to provide adequate accounts. In fact he has totally failed to reply to my latest email over the past year.
My question is, does he have a legal duty to provide us with valid accounts, and, if so, how can we compel him to do so?
Many thanks and my regards,
Peter Griffiths
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello Peter my name is ***** ***** I will help you.For now please let me know why he has refused please?I presume he has the details already as the three of you would need to complete tax returns?
Customer: replied 9 months ago.
Hello Alex,
To the best of my knowledge he has never given a reason for refusing to disclose the accounts(other than in an unverified 'back of a cigarette packet ' manner). He simply does not reply to my emails!
And , yes, as a builder who owns numerous properties,he must have the information to hand!
My regards
Expert:  Ash replied 9 months ago.
OK. You should get a Solicitor to write a formal letter and ask him to provide accounts and documentary evidence or say you will go to Court.If he refuses then you can take him to Court and the Court can order that he account and provide evidence of accounts for the property or all income and expenditure.That way you know where you are. You would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe Court would list the matter and decide whether to make an order requiring an account. If the Court does and he refuses this could be contempt of Court which he could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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