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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10253
Experience:  Barrister 17 years experience
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My father died in Jan. and my brother and I inherited the

Customer Question

My father died in Jan. and my brother and I inherited the house, and we are both Executors. I moved in in the last 14mnths of my father's life to care for him. My brother is harassing me to sell what is essentially my home, but I am complying. It has been on the market for 20 weeks with no offers, he is making absurd demands i.e. reduce the price by £150,000 but I need the money to relocate and will not give the house away. I am changing estate agents today and am more than happy to negotiate on the price but of course not stupidly.He is demanding the last two years bank accounts of my father and also demanding that I pay him the full market rent until the house is sold, plus give him a key, is he entitled to any or all of this? His latest demand was that we split the year into 6 months each whereby he lives in it for 6 mnths and myself for 6 mnths, or we get a tenant in and I move out though how he thinks that can progress a sale I have no idea, its just another round of nastiness, but through the solicitor that is handling the probate so all this is racking up the fees. Can he do any or all of this? Thank you
Submitted: 6 months ago.
Category: Law
Expert:  Buachaill replied 6 months ago.

1. Dear *****, if the house is now jointly owned, then there is no rent to be paid as one co-owner cannot prevent the other co-owner from living in property jointly owned. So, whilst you should set a market based valuation for the sale of the house, you should firmly but politely decline your brother's insistence that you pay rent whilst you await a sale of the house. In law, he can move in and live there too. It is only if the house is not jointly owned that there is rent payable. If your father in his will left the house jointly to yourself and your brother, you can both live there without paying rent to the other. However, one party can force a sale. So I regret to say you won't be able to prevent your brother seeking a sale. However, he will not be able to set the price. The price must be at a market valuation.

Expert:  Buachaill replied 6 months ago.

2. However, you should give your brother's aggression and nasty emails a deaf ear. He has no basis for sending you these. Please also inform the solicitor to desist from forwarding them to you. This is totally uncalled for.

Expert:  Buachaill replied 6 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10253
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your answer. I unfortunately had a migraine yesterday that is why I have been unable to contact you until today. I have a few more questions - firstly although he did not see my father for the last 5 years of his life and left me to deal with everything and indeed I moved into the house for the last 14 months of his life to be there 24hrs per day, he is now asking for the last 2 years bank statements of my father and the solicitor is now pushing for this as well. I am sure that he is entitled to the statements from the date of death but for the 2 previous years? Secondly is he entitled to a key as obviously this is my home but I take the point that he is entitled to live there as well, but he wants the key so that he can come and inspect whenever he wants and although he does have a 50% share I do not relish the thought of him just walking in, particularly as I work. He lives in Portugal but his main office is Yeovil so he is back here roughly once a month, but obviously I do not know when. Thirdly I have told the solicitor that I am not paying towards the cost of these bonkers emails that he keeps sending, which are completely mad. He is insisting that the house is sold well it was on the market for 20 weeks with only 4 viewings, just Thursday the contract ran out and I changed estate agents who are a bit more positive and have suggested a market value of £560,000 which the previous agents suggested £575,000, so it is now as from today on the market for the lower price. The new agents are confident in the price as he informed me that he has just sold a 3 bed semi a few streets away for £540,000 and our house is a 4 bed detached bungalow so he said just for that the price is good.Basically is he entitled to the previous 2 years bank statements as he only inherited as from my father's death on 5 Jan this year and had no interest at all for the previous 5 years. I would have no objection whatsoever but I know it is only so that he can start nitpicking and start demanding answers.The key.Then the costs that he is racking up with these absurd bullying emails that he has stopped sending me and is now sending to the solicitor to pass onto me which she is doing, but now I can tell her to stop.Thank you for all your help it has actually helped me as this situation is totally out of hand and I dread emails and the post.
Expert:  Clare replied 6 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

i am afraid that my colleague is on correct and your brother is entitled to ask to be credited for Occupational Rent (half of the going market rent) given that you remain in the property.

However of course if he wants that then he needs to give you "quiet enjoyment" of your home - so whilst he is legally entitled to a key if he wants the occupational rent then he should accept that he should not have one

There is no basis on which he can ask for the bank statements - BUT if there is no reason not to show him then I would do so

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