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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I received your email today in answer to the questions that

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I received your email today in answer to the questions that I set Buachaill. I am now totally confused and not a little upset. The full market rent for the house which I might add is with a new agent for sale, is roughly £2,000 as its a 4 bed house. I work for the NHS and I am unable to pay £1,000 per month as that would be my entire salary! It is not my fault that the house is not selling and I moved in so that I could look after my father. I have taken on all the costs of the house, and am ensuring that it is looked after. His demands are just spiteful as he does not live here he lives in Portugal with no intention of returning to live here, its just done to upset me. From getting a tenant, to splitting the year into half each. All this is so that he can force me into accepting any price for the property just to get rid of him and his demands. What is my standing in law as legal owner and also Executor, can I fix my own rent? As for the statements there is nothing in them but if I do not have to show him I won't, I can show the solicitor and ask that they are not passed on? Can I please have a definite answer, I am most upset as what I was told previously set my mind at rest for it all to be upset again.

Thank you for your question

You do not have to pay Occupational Rent on a monthly basis - it is simply a figure that is taken into account when the final distribution is made.

You will have to be given credit for paying the Insurance and the water rates and keeping the property in good repair

He cannot simply insist on selling at a lower price provided you are following the advice of the Estate Agent

If the solicitor has the statements your brother can insist on seeing them - so if you feel strongly do not give them to the solicitor.


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Customer: replied 1 year ago.
Thank you so much that has at least answered some questions. I just have a query is he entitled to a key, as I do not want him coming and going at will as his head office is in Yeovil and he is over once a month, and I know he will just walk in and I work, can I say only when I am at home if he wants to check on the property?Apart from that I think you have answered all my queries, and thank you.

You can offer him the choice - if he wants occupational rent then you want exclusive occupation so he does not get a key

Customer: replied 1 year ago.
Thank you

You are most welcome