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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3812
Experience:  Owner at James Bruce Solicitors
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Do you still do a free surgery, We live in Ashton, it’s

Customer Question

Do you still do a free surgery
JA: Where is this? It matters because laws vary by location.
Customer: We live in Ashton, it’s about a property in glossop
JA: What steps have you taken so far?
Customer: we have had it valued but it’s a bit technical. It is joint own by my wife and sister in law, left to them in a will. My wife doesn’t want to be a landlady, the sister in law won’t buy her share and won’t sell. We have offered her share 15 thousand under value. The property had a sitting tenant under fair rents. We are looking at forcing the sale
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Non of the required checks have been carried out, we have never been in the property
Submitted: 17 days ago.
Category: Law
Expert:  james bruce replied 17 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 17 days ago.
Do we have grounds to force the sale
Customer: replied 17 days ago.
Forget it, are you a solicitor for Bromley in Ashton under lyne
Expert:  james bruce replied 17 days ago.

No I am not in Bromley. This is an online advice service only. We do not carry out ANY legal work for you, only advice.

Expert:  james bruce replied 17 days ago.

Yes you have grounds to force a sale

Customer: replied 17 days ago.
My original question was do you still do a free surgery. I clicked on a link for Bromley. Am I speaking to bromleys, if so, do you still do a free surgery
Expert:  james bruce replied 17 days ago.

I only answer the legal questions online as a legal profession, any costs would be dealt with by customer service, I have no input into anything you pay.

I can continue and advice you on what you can and need to do

Customer: replied 17 days ago.
Feel I've been conned out of £5. How do I cancel this as I thought I was speaking to Bromley as it was their link I clicked on
Expert:  james bruce replied 17 days ago.

You need to contact customer service from your members area to cancel.

Would you like me to continue advising as you have paid your £5 fee

Customer: replied 17 days ago.
that would be fine. What would be our next step as the other party don't even speak to us about it and has ignored letters from solicitors in the past. On what grounds can we force the sale. What can we do about the sitting tenant whom we inherited, we have no contract in our name with her, the tenancy agreement was with the person we inherited the house from
Expert:  james bruce replied 17 days ago.

When you say you offered her share £15k under market, do you mean you offered to sell your share to her for £15k under market value.

Customer: replied 17 days ago.
the house has been valued at 120 thousand, we offered to sell our share for 45
Customer: replied 17 days ago.
Are you still there
Expert:  james bruce replied 17 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.
That was very fair and will help your case.

To start the process you would need to offer an opportunity to attend mediation with the other owner. The court would want to see this has happened.

If they refuse to attend then that will also help your case.

Make the offer again in writing.

Next, if the property is owned as Joint tenants, then make an application to the Land registry to sever joint tenancy and become tenants in common. You would not need the other owners permission to do that but would need to serve them notice of the application.

Once tenancy is severed, you can then contact your local county court and apply for a hearing to seek a CCJ. Once you have the CCJ you can then approach the other owner and ask them to sell. If they still refuse, the. You return to court to seek enforcement of the CCJ and request the order to sell. The house can be put on the market if she still refuses to seek them a judge will sign a sales agreement

Expert:  james bruce replied 17 days ago.

As for the tenant in the property. They can remain and the property can be sold with a sitting tenant.

Otherwise you would need to serve them notice to leave. That is a separate landlord and tenant matter.

Customer: replied 17 days ago.
Thanks, ***** ***** advice
Expert:  james bruce replied 17 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.