trustee Posted May 2, 2009 Report Share Posted May 2, 2009 Hi i am hoping someone can help i will try and keep this short after a nine year court battle between my partner and his brother over their fathers will my son was left a house. The ordered that myself and his nan were trustees till he is 18 which is in november and that the house been immedietly handed over for us to sell or do what we wanted with. His uncle was supposed to have handed the currant tenents which are members of his wifes family notice for repossion all along they have been kepted up to date on what is going on, anyway he didnt till april. All rents the judge said were to go to my son from january to date he has recieved none as are in a special account which all parties have to sign for it to be released. The uncles solicitor say the uncle is still landlord so has to collect the rents and give to us, but the uncle is saying no we have to collect. The building insurance is due but we have no money to get it, the tenents are rude to us and say we are not aloud near the house, my son does want to sell it, but the tenents say we cant have a estate agent round. As my son has received no rent he cant pay for insurance or if anything goes wrong and we are selfs have been left in debt by court case so cant help him. They are ment to be out by june 6th but have already hinted they will not be going. I did go round for the rent once and they sent me a letter saying they have taken legal advice and if ask again they will take legal action against me. They now owe 8 weeks rent. any advice would be greatly appriciated. Link to comment Share on other sites More sharing options...
Mortitia Posted May 4, 2009 Report Share Posted May 4, 2009 Hi, What a mess! I take the tenants have not paid rent to the uncle? Try to get the uncle sign a paper saying he wants to hand the 'landlord' duties over to yourselves buy approaching his solicitor and explaining the situation. Obviously the uncle does not want to be involved any more as the dispute involves his wife's family. Firstly you need to get posession of the property and rid youself of the non-paying tenants. I take it that notice for them to quit was given correctly? There is not much else you can do but wait for the notice period to expire then get the court bailiff to remove them - that means another wait unfortunately. In the meantime get a debt collector to call and try to collect the back rent as a debt. Find one in yellow pages or similar who will get paid on results - that way it will not cost you anything until money is received. If necessary you may have to issue a small claims court action in the county court to recover this rent debt. Have a look at the HMRC.gov.UK website about debt recovery in the courts. Do this now while you know where the tenants are as once they go you will not know their whereabouts. There is no quick fix to this situation and no quick cash either. The lack of insurance is unfortunate but not the end of the world. Keep us posted, good luck, Mortitia Link to comment Share on other sites More sharing options...
trustee Posted May 5, 2009 Author Report Share Posted May 5, 2009 Hi i am hoping someone can help i will try and keep this short after a nine year court battle between my partner and his brother over their fathers will my son was left a house. The ordered that myself and his nan were trustees till he is 18 which is in november and that the house been immedietly handed over for us to sell or do what we wanted with. His uncle was supposed to have handed the currant tenents which are members of his wifes family notice for repossion all along they have been kepted up to date on what is going on, anyway he didnt till april. All rents the judge said were to go to my son from january to date he has recieved none as are in a special account which all parties have to sign for it to be released. The uncles solicitor say the uncle is still landlord so has to collect the rents and give to us, but the uncle is saying no we have to collect. The building insurance is due but we have no money to get it, the tenents are rude to us and say we are not aloud near the house, my son does want to sell it, but the tenents say we cant have a estate agent round. As my son has received no rent he cant pay for insurance or if anything goes wrong and we are selfs have been left in debt by court case so cant help him. They are ment to be out by june 6th but have already hinted they will not be going. I did go round for the rent once and they sent me a letter saying they have taken legal advice and if ask again they will take legal action against me. They now owe 8 weeks rent. any advice would be greatly appriciated. Link to comment Share on other sites More sharing options...
trustee Posted May 5, 2009 Author Report Share Posted May 5, 2009 Hi, What a mess! I take the tenants have not paid rent to the uncle? Try to get the uncle sign a paper saying he wants to hand the 'landlord' duties over to yourselves buy approaching his solicitor and explaining the situation. Obviously the uncle does not want to be involved any more as the dispute involves his wife's family. Firstly you need to get posession of the property and rid youself of the non-paying tenants. I take it that notice for them to quit was given correctly? There is not much else you can do but wait for the notice period to expire then get the court bailiff to remove them - that means another wait unfortunately. In the meantime get a debt collector to call and try to collect the back rent as a debt. Find one in yellow pages or similar who will get paid on results - that way it will not cost you anything until money is received. If necessary you may have to issue a small claims court action in the county court to recover this rent debt. Have a look at the HMRC.gov.UK website about debt recovery in the courts. Do this now while you know where the tenants are as once they go you will not know their whereabouts. There is no quick fix to this situation and no quick cash either. The lack of insurance is unfortunate but not the end of the world. Keep us posted, good luck, Mortitia HI Thankyou so much for your advice, yes they were given the right notice to quit, it is just so annoying seeing how the place was supposed to empty when it was given to my son. The solicitors now aren not returning calls and the uncle says he will not take them to court to get them out, but the solicitor says only he can do it we cant. We will check that website out I suppose once their notice is up there is isnt a way we can change the locks is there? This has stress his nan out so much she is now under the doctor. Thanks once again for replying. Link to comment Share on other sites More sharing options...
Mortitia Posted May 5, 2009 Report Share Posted May 5, 2009 Hi again, No you can't change the locks as that is not legal. This solicitors have probably stopped returning your calls as they are not making any money out of you. If you want to get the building insured get the 17 year old to get a part time job and pay the insurance monthly - there are firms out there who will accept this. All this will be resloved once your son is 18 in November - at least that is something to look forward to! Golden rule in future - do not let to friends or relatives! I know this does not solve all your problems but without cash for legal help you are a bit stuck. Mortitia Link to comment Share on other sites More sharing options...
trustee Posted May 11, 2009 Author Report Share Posted May 11, 2009 Hi again, No you can't change the locks as that is not legal. This solicitors have probably stopped returning your calls as they are not making any money out of you. If you want to get the building insured get the 17 year old to get a part time job and pay the insurance monthly - there are firms out there who will accept this. All this will be resloved once your son is 18 in November - at least that is something to look forward to! Golden rule in future - do not let to friends or relatives! I know this does not solve all your problems but without cash for legal help you are a bit stuck. Mortitia Hi thankyou once more for your reply, personally would never have rented to them, but had some real good news today threatened the solicitors with the law society unless my sons back rent is sorted out and reminded them that as the previous landlord did not act when he was suposed to and issue these tenents with anotice to quit it would be up to him i was told legally to pay to get them out and issue them with a section 8 if rents were not paid soon, within five minutes both solicitors had phoned each other and the back rent check is being signed and should be with us within two days and the uncle will be liable to pay court costs to get them out and recover rent that is now owed. Those two words law society are powerful words it seems. So hopefully praying this should be all over soon. Once more thankyou for your advice Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.