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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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THE DECLARATION WAS SET UP BY OUR LOCAL SOLICITOR IN NANUARY

Customer Question

THE DECLARATION WAS SET UP BY OUR LOCAL SOLICITOR IN NANUARY /2013 WHICH COVERED ALL MY 3 PROPERTIES WERE PURCHASD IN 2002 AND MY TOTAL CONTRIBUTION WERE 200,000 AS THE DEPOSITS PLUS MORTGAGES IN HIS NAME.
NOW HE IS MAKING MY LIFE VERY DIFICULT AND DOING EVERYTHING AGAINST ME WHEN THE COURT DATE IS IN THE NEXT 2 WEEKS TIME.
MY LOCAL SOLICITOR DIDNOT GOT ME POWER OF ATTORNY FROM ME AS HE REFUSED THEN MY SOLICITOR SAID GET THE COURT ORDER FROM HIM IN MY POWER DUE TO I HOLD THE BENEFITIARY TRUT.
BUT THEN SUDDENLY MY SOLICITOR STOP APPLYING COURT ORDER FOR ME AND STARTED DEALING WITH HIS COUNTY CORT CASE AS HE FILED IN THE COUNTY COURT FOR COMING DATE ON 09/9/15.
SO DUE TO ALL THESE GOING ON LOOSING MY FAITH AND CONFIDENCE EVEN THROUGH MY OWN SOLICITOR AS MY SOLICITOR HAS DEALT WITH MY CASE.
OUT OF MY ALL 3 PROPERTIES 2 WERE RENTED OUT AND SUDDENLY HE KICKED OUT MY TENANT MOVED HIM SELF INTO MY PROPERTY BY BREACH OF TRUST AND THIS WAS 1 YEAR AGO AND HE MADE ME THE SUFFER OF 1,350 PER MONTH OF MY RENTAL INCOME.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question
How much are the properties worth?
Clare
Customer: replied 2 years ago.

After I sell all 3 properties properly my way with minimum value to dispose even then my total remainders should be about 400,000 after payin some taxes.

But if I succeed to sell my way as they are all my prperties as per TRUST.

All I need to give him 12,000 more immidiately on my 1st property sold as per I agreed in the Declaration of Trust.

Main problem is his tricks by approaching to the Property Sales Agents by Telephones , by Emails and attending even in person by saying He is the only Legal Owner. He then forgets his declaration he has already signed by him which allow me to rent and sell my propertiess.

Untill I do some strong legal step against his tricks he will not stop.

Thanks

Sham

Expert:  Clare replied 2 years ago.
Hi
How is your sale process different from his?
Clare
Customer: replied 2 years ago.

Hi

My sale prices are reconized and assesed by my half of dozen agents but he try to to dispose my properties by 10 to 20% lower price then mine may be his own tricky reason wiyh his own agents and his buyers.

I know all his tricks but I am not proving them unfortunately.

Customer: replied 2 years ago.

Hi

My sale prices are reconized and assesed by my half of dozen agents but he try to to dispose my properties by 10 to 20% lower price then mine may be his own tricky reason wiyh his own agents and his buyers.

I know all his tricks but I am not proving them unfortunately.

Thanks

Sham

Expert:  Clare replied 2 years ago.
Hi
Have you offered to agree an estate agent?
Clare
Customer: replied 2 years ago.

Hi Clare

Two different local estate agent approached to sell my properties as I said hlast year in Oct./2015 I was selling 1 Flat price agreed for £270,000 but he refused to sell my agent was diappointed and I have Email evidence received from the Agent.

This year in June /2015 one another (different) local agent Email me that she has got 5/6 different buyers to by this property to view for the sale price of £295,000 but she got Email reply from him he said that I am the legal owner and I have not given any permission to any one to sell my property . He requested from my agent to take it off from the markeet.

I do have that Email evidece sent by him to my Agent , Which was forword to me .

The same way he has done many many approached by stoping my sales through my agents. I can carry on for hours and hours of his selfish behaviors used on me to tell you.

I am stressed I will be paying extra capital Gain tax by selling all 3 properties within the same year or even within the same month as my own own solicitor pushing me to sell all of them.

That is the reason I am trying to have the sales ready even before his count court case on me on the 09/9/15.

I am not sure what is right what is wrong regaring this way selling all my 3 properties , when he is also making my life difficult to sell me my properties with any sensible losses.

Just because of he wants to do his way so can to his tricks to make me loose so he can gain someware behind my back which I will not allow him to do this.

By the way in the declaration of Trust I hold from him cleary said that I can let out or Sell any property any time and I also the full benefitiary of my remainder funds after sales.

Regards

Sham

Eegards

Sham

Customer: replied 2 years ago.

As I said no matter what I do , which agentS I choose he will be still against.

For example I chosen BAIRESTOW EVE which was his own best chice too or there are 3/4 more are the main in our local borough . Either way he will disagree / dislilike or even refuse to coperate on front side or behind my back. Simple reason he wants his own way for his own tricks so he gain and make me to loose.

As he already activily succeeded by approaching to number of agents against me to let out my properties as well as to sell.

Since almost nearly 2 years I am strugling to sell and even to let out 2/3 my properties due to his tricky behavior.I had to kept my 2 properties without any Tenants and suffered the loss of rent nearly 15,000.

I now let out privately without agents which is hard to let out like this way.

Regards

Sham

Expert:  Clare replied 2 years ago.
HI
What sale price has your son achieved?
Clare
Customer: replied 2 years ago.

Hi

AT PRESENT SINCE AROUND 2 YEARS HE IS TOO BUSY AND WORKING HARD FOR ME TO LOOSE ON EVERY THING I DO TO ACHIEVE HIS GAIN.THEREFORE HE IS WAITING FOR THE RIGHT TIME MAY BE COUNTY COURT JUDGEMENT AGAINST ME , IN HIS FAVOUR ON THE 09/9/15. SO HE CAN GAIN EVERY THING FROM MY PROPERTY SALES.

AS I SAID IN MY PREVIOS EMAIL IF HE WIN HIS EVERY ARGUMENTS AGAINST ME THEN HE WILL HAVE A BIG PARTY FOR HIS WINING TRICKS . MY GUESS HE WILL DEFINATELY MAKE ME LOOSE OUT FOR 12 TO 20% OF LOSS EQUAL TO OVER 150,000 IN TOTAL ON MY PROPERTIES.

HE ALREADY DEVALUED (12 TO 20%) TO ALL MY 3 PROPERTIES VALUE TO HIS COUNTY COURT WHICH WILL BE HEARD ON 09/9/15

HE WAS NEVER INVOLVED / PERMITTED TO AGREE WITH ANY OF MY PROPERTY SALE UN TILL EVEN TODAY.

REGARDS

SHAM

Expert:  Clare replied 2 years ago.
Hi
What has he actually applied to the Court for?
Clare
Customer: replied 2 years ago.

Mainly the money I agreed to pay him in the declaration of TRUST , net amount for11,500 and 6,000 towords his loan and the total of 17,500.

Also he applied for me to remove the restriction for sale of all 3 properties to be sold by him without my Signature So he can sell / tricks in his own way. That will be in his dream to happen in his way.

Regards

Sham

Expert:  Clare replied 2 years ago.
Hi
So he is asking for an Order for Sale?
Clare
Customer: replied 2 years ago.

Hi there

Yes , so he can do any thing and every thing in his own triky ways , so he can make me the looser on my properties.

His tricks are one of the latest example explained below.

As I arranged and signed multiple Properties Sales Agreement recently on all of my 3 properties to be sold with the Local Agent.

When 1 of those my property he is occupying the agent needed some photogrphs etc. on that property. So agent notified him regardind the visit on the property and also sent him all 3 sales agreement signed by me.

Sale Price 650,000 , 320,000 and 280,000 When this agent has the buyer agreeing to 320,000 but now tday agent is talking differently.

Now iys suddenly my agent has started talking 15% less property prices today.may be after he met him regarding the property photographs.

So I have completly lost my any kind of trust on him.Therfore no order will be allowed for him to do any thing on my properties.

Regards

Sham

Expert:  Clare replied 2 years ago.
Hi
I am afraid that you cannot sell the properties without his co-operation and agreement - he is the owner of the Legal Title and that is what it means.
However the Court will see the fairness in you being involved in the sale process and will expect you both to co-operate.
This will mean that if you cannot both agree on a selling agent then the Court will appoint one - and will set the sale price.
Since your son has already brought the matter before the Court you do not need to make an application - but I am afraid that you have no right to evict him
Please ask if you need further details
Clare
Clare and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

I am fully aware of that he is the legal owner because I bought the properties in his sole names and he is leading the role to punish me for his signature un till the property sold by his Signature.

But luckily in January 2013 I hold the TRUT from him which clearly said that I can sell or let any time , on all 3 properties he cotributed his zero money and I am the benefitiary in trus

He lived with me did not contributed a penny from 2000 to 2009.But I .maintained all on the house running cost as well as the full mortgage. His contribution were paid between 2009 to 2013 for the mortgage only then stoped and again I become responsible for this house and made me suffer loosing the 1350 income on the property he took over without my permission.

Therfore helft me in deep financial trouble for his gain.

Now I need to apply court order agaist him urgently by this FRIDAY.

Please tell me the full out come of this reply.

Thanks

Sham

Expert:  Clare replied 2 years ago.
Hi
Why do you need to make a Court applictaion - the matter is already before the courts
Clare
Customer: replied 2 years ago.

By this Friday I should file my defence and counter claim on the losses suffered from him since he was age -16,from the year1998 to 2009 when he enjoyed all his 20 trips to foreign holidays , nice luxury clothes etc. and lived without paying me a penny. Also 1350 monthly loss now for 11 months by this month losses and still continue each monthly 1350 loss on my property he started living in.

Also I should ask my own power , own Court Oder on behalf of my own ground and own rights by me agreeing to say that all properties seriously on for sale and commiting to pay his full money around 20,000 as per trust out the 1st sale. Which my solicitor never done as he sujested to apply for it.

He filed the county court case on me when I first asked POWER OF ATTORNY from him then my solicitor said forget that and apply for court order but he never applied instead started dealing with his case/claim.

I must not mix with his case on me and I must do my own case on him and court order on him for my alone power.Other wise there is risk for me to weeken my case in case of the judgements.

Things are not in the right direction from my end the way its being dealt with the strong feeling I have.

Thanks

Sham

Expert:  Clare replied 2 years ago.
Hi
Right a Counter claim
I am sorry but you cannot claim the costs of caring for him between 1998 and 2009 - and to claim the losses you will have to show that it was never agreed he should live in one of the properties.
All other matters CAN be dealt with within the existing proceedings - including which agent will deal with the sale and what prices should be asked for.
Clare
Customer: replied 2 years ago.

Regarding his caring cost I am not saying any thing prior to 1998 as for your information he was born in 1982 and we done our responsibiliy till 1998 untill his 16th birtday . After of his age 16 we were not responsible for him to give his top life untill 2009.

As I said it was never agreed he should cick out my tenanants he done all that without my permision. It was also never said /agreed in the DECLARATION OF TRUST that he will be living in this or any other of my property apart from he was living in with me ever since 2000. When he suddenly even moved out with his woman in july/2012.just because of he bought a £40,000 MERCEIDEES MOTOR CAR and started earning double his income. When they took their rented accomodation near their conviniet work place.

Then over a 1 year later they took over my property by forcely changin the locks .

Thanks

Sham

Thanks

Sham

.

.

Expert:  Clare replied 2 years ago.
HI
I am sorry but there is still no basis on which you can claim back monies spent on him in the past - there is no legal basis for doing so
However you can claim the loss of rent
Clare
Customer: replied 2 years ago.

Now what should I do to claim for loss of rent on this property he took over from 10/8/14. My rent in coming was 1360 and out going was 610 so 750 A Month loss for 12 months already equal to 9,000 and continue untill the property sold. So please guide me shoud I claim in his county court case for this rent loss by adding with my ongoing claim as I am the defendent case at county court on the 09/8/15. Or should I make my own seprate new claim on him in the county court.

Now I heard from the Estate agent he is still not coperating for the viewings for the agent and buyers to see that property.

I did not want to raise the claim regarding his residency with me for the time beteen his age 16 to 27 when he used and abued me but it was all because of his tricky and selfish behavior and hospitalized me 3 times by me to gone hospitals by Ambulance and still his on going behaves against me.When he also tried to take over on my second property too by throwing out that tenants and changed the locks twice just a 2 weeks after from the one he took over. but this 2nd property was saved by the help of the local police 4 times with the crime refrence numbers.When police warned him to stay back iy again he vendelize or change any lcks even behind my back.

Regards

Sham

Thanks

Shsm

Expert:  Clare replied 2 years ago.
Hi
You need to raise the lost earnings as a counter claim within the current proceedings
Clare
Customer: replied 2 years ago.

Thank you for this reply , also thougt the the same as I did mention in my last email to make a counter claim.

But his claim from him (county COURT case) on me in the next 10 days time on the 09/9/15 and my Efidevit of Statement was already (as a defendent) been sent to the court 2 weeks ago.

So will I go personaly to this local court to add my state ment of rent losses or I can registered post this to the court by use of case refrence number or email to the court or to do different way.

Could I also email to you the Declaration of Trust as well as my Efidevit been sent to THE County Court with his claim made on me.

Thanks

Sham

Expert:  Clare replied 2 years ago.
HI
Why was a counterclaim not made at the same time as the defence was filed?
Clare
Customer: replied 2 years ago.

I was not encouraged instead was discouraged by local Legal Advisers.

Expert:  Clare replied 2 years ago.
Hi
In that case it would be best to wait until these proceedings have been concluded and then make a separate application
Clare
Customer: replied 2 years ago.

2 things

FIRSTLY I AM STILL CONCERNED TO FILE MY OWN APPLICATION TO THE COUNT COURT FOR THE COURT ORDER FOR WHOLE OF MY OWN POWER ON MY PROPERTIES AND NOT ALLOWING HIM TO HAVE ANY KIND OF POWER ACCEPT HE ONLY SIGN ON THE SALES ON MY PROPERTIES AS HE REFUSED TO GIVE THE POWER OF ATTORNEY IN THE BEGINNING OF HIS COUNTY COURT CASE FILED ON ME. FOR THE DATE OF 09/9/15.

SECONDLY FOR RENT LOSS CLAIMING AFTER THE 09TH OF THIS HIS COURT HEARING THE JUDGE MAY NOT ALLOW ME TO SAY THAT ITS TO LATE TO BRING IT FOR NEW CLAIM AND ALSO JUDGE MAY SAY THAT SHOULD HAVE BEEN ADDED IN THE PAST OF MY DEFENDANT CLAIM WITH MY OTHER FIGURES.

Thanks

Expert:  Clare replied 2 years ago.
Hi
It is unlikely that the Court will agree to his having no involvement at all - you need to be willing to compromise and accept that there will have to be a structure for agreement.
With regard to the Claim for loss of rent you can raise this within the proceedings even if the formal claim has to wait
Clare
Customer: replied 2 years ago.

Hi Clare

The main problem is he is doing all these to see me in the court when he rejected all my friends and relations to negotiate that was the reason. Then I had to approched to the local Legal Advicers to communicate with him by used of the registered AND special delivery posts on him for my own rights and his case of County Court against me.

Therefore there was no room to compromise with him as his behaviour.

Now for example one of my local Estate Agent Written to him,Emailed to him sent the reminders to him all in that was only last week was said that there is a buyer waiting to purchase his occuoied property for £320,000 which is good price but he is ignoring the cooperation.

Regarding the proceeding of my claim for my rent losses please guide me the best and the qickest way before the 09th.

Thanks

Sham

Expert:  Clare replied 2 years ago.
Hi
None the less the court will order that the sale is dealt with by both of you - with a set Estate Agent and a Minimum Sale Price
Once the hearing is over and the issue of the properties has been dealt with you can claim the monies using the Small Claims procedure
Clare
Customer: replied 2 years ago.

Hi

Sorry I did not understand regarding a small claim on my all 3 properties when sold, after sales on all 3 properties my remainder amount should be over £400,000 in total when he should expect from me only up to £21,000 as per the Declaration of TRUST To wards his demand of his County Court Claim against me on the 09/9/15.

Also Still I am unclear to wards my rent losses claim from him.

So my claim will be very Large Amount over £400,000 not a small amount especially my in put deposit was £200,000 when I bought all 3 properties 14 years ago as well as maintained by me 100% by me.

Thanks

Expert:  Clare replied 2 years ago.
Hi
The issue of the sale proceeds is NOT in question - that will be dealt with in the upcoming case
What is at issue is the loss of rent from your son moving into the property.
That is likely to be within the small claims since it is only the net profit that you lost
Clare
Customer: replied 2 years ago.

Hi

Should I issue Tolata Application or Immediate Eviction Application on him due to he taken over my property without my permission by Breech of his Declaration of Trust , as well as my one year Losses of RENT too.

Regarding sales of my all 3 properties I need to arrange for the surveys to be booked even before his court case on the 09th and I can not wait until his court date. Because these 3 properties now have the right deals to dispose by me rather than him.

Thanks

Expert:  Clare replied 2 years ago.
Hi
No you cannot do that - this will be dealt with at the court hearing
Clare
Customer: replied 2 years ago.

Hi

One of my local estate agent said to me whatever the case is on going to wards my all 3 properties to be sold is a seprert issue but giving him eviction notice or a tolata is an other different issue agaist due he to was in the breach of trust.

Thanks

Expert:  Clare replied 2 years ago.
Hi
I am sorry but the Estate Agent is incorrect - this is a matter that will be dealt with on 9th
Clare
Customer: replied 2 years ago.

Hi

Any how regarding your advise for me to claim the rent losses as a small claim to the court aganist him and will that be the small claim when the net rent losses are already beyond £10,000. Will that be still a small claim and up how much figures class still as a small claim?.

Also why my own local solicitor could not add with my defendent claim in the 1st place and should he must add even now its not too late before the 9th.

Thanks

Expert:  Clare replied 2 years ago.
HI
It is too late to file a defence now if the hearing is on 9th September - unless it is a Directions hearing in which case you may be able to file a defence later
With regard to the Rent do not forget you have to set off the mortgage and other costs
Clare