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JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience:  Court of Protection, civil litigation, divorce and inheritance
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I moved into my Parents home to care late Mother and

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I moved into my Parents home to care for my late Mother and Father.They have now passed away leaving the house to my brother and myself.I have continued to live in the house during probate and up until the point when we have agreed to sell it.However my brother now wants me to pay him rent backdated over the time that I have lived there following our Parent's deaths.Up until the beginning of the year this had never been mentioned.Is this enforcible.
Good evening Thank you for your message. I will do my best to help but before I can answer your question fully, I have 3 questions for you: 1. Do you know how you and your brother own the property either as beneficial joint tenants or tenants in common? Don't worry if you don't know2. Did your parents make a Will and if so, did they put a clause about you having rights to live in the property etc?3. How long has it been since your parents passed away? I look forward to hearing from you. Kind regards Krystel
Customer: replied 2 years ago.
Hello Krystel,
We are joint beneficiaries of the wills of our parents.I am also Executor.They made no provision for either of us to live in the house.I initially moved in to care for my Mother until she passed away 4 years ago.I stayed in situ for a further 2 years (until my Father's death) as this prevented the house being sold to pay for my Father's care.Six months after my Father's death the house was put on the market and athough it has now sold subject to contract I am still living here until such a time as the contracts are exchanged a the beneficiaries are paid from the equity.
Thank you for that. If you are joint beneficiaries then you both have equal rights to the property. Neither has more right over the property than the other. You were not deemed as a tenant when you moved in the property and now that you inherited the property, it has changed your status to 'home owner'. Thus, you are not obligated to pay rent to your brother (as co-owner), unless you have prevented him from living in the property which doesn't sound like you have or there is a prior agreement for you to pay rent. The only other way your brother can enforce rental payment is by applying for a Court Order. However, I have great difficulty in establishing exactly what grounds he has to order rent from you especially for a short period of 6 months. To me it's not reasonable to demand rent where there is no prior agreement to rely on and the fact that you have co-operated with the sale of the house. In short, you are not obliged to pay rent and if your brother applies for a Court Order, it is unlikely he will be granted one based on the facts. I hope that helps. Kind regards Krystel
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