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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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My landlord died eight (8) years ago. He and his family own

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My landlord died eight (8) years ago. He and his family own many farms and their estate is very complicated to sort out. Hence, the Estate is not yet finalised and no one knows how much longer this will continue.
However, my late wife opened a savings account in her name and paid the rent into it, never to be withdrawn by anyone other than the landlord when that decision is made. Can Scottish Solicitor hold an account to serve the same purpose but proves that it is not my money?
Regards, ***** *****
Submitted: 7 months ago.
Category: Law
Expert:  JGM replied 7 months ago.

I am a solicitor in Scotland. Can you tell me why this was done as opposed to the rent just being paid to your late landlord's executor or the executor's solicitor? I also don't understand your question. Can you explain your situation a little more?

Customer: replied 7 months ago.
My late landlord's solicitors have not replied to any form of communication with them eg., letters, phone calls, follow up letters, etc.. The tenancy began on the 23/12/1978. We both agreed on the rent to be paid and that it was to be weekly in arrears. In exchange for a low rent, I agreed that I would maintain the house at my own expense, with him supplying any required materials. This agreement was sealed with a handshake, witnessed only by my late wife.A formal tenancy was never sought by him and no attempt to collect rent was ever made. After several weeks my wife wrote a cheque for the outstanding rent and posted it to his home address with a covering letter. This had remained the method of payment ever since until he died. My wife contacted his solicitors using the methods stated above. The solicitors don't reply nor do they acknowledge any communication from her despite always asking for, at least an acknowledgement. Since my wife who was my Carer died, I'm disabled now and have been for many years, I have to have a financial assessment by the Council to ascertain my capital and decide how much of a contribution to my care package I will have to pay. The money in the rent account will be regarded as my money when, in fact it is not. I need advice about how a solicitor under Scottish Law can resolve this situation, if at all.
Regards, ***** *****
Customer: replied 7 months ago.
Has this question been delivered? I clicked on send but nothing happened that I am aware of.
Expert:  JGM replied 7 months ago.

Thank you for clarifying that. I see what the difficulty is. I would get your own solicitor to speak to the estate solicitors to try to get a resolution for this. Until then you can declare the account as a "rent account" and give the explanation to the Council that the balance is in fact a debt which is being resolved. The Council can use their discretion to disregard the account when making their assessment.

JGM, Solicitor
Category: Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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Customer: replied 7 months ago.
Thank you for the advice, it is very helpful. I can now go to my Bank and resolve the problem.
Regards
Christopher Bonney

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