Claiming back rent owed from property left to me 3 years ago

[InfoNeeded]

Hi can anyone help with this??

[paulajayne]

Need a bit more info.

[InfoNeeded]

Basically my grandma left me a property that my uncle (executor) decided I shouldn't have and has done everything in his power over the past 3 years to try to use the solicitor (also executor) to force me to sell it to him very cheap. When they realised that this wouldn't work, sent me a letter informing me that they would only give me the property if I agreed a 5 year tenancy agreement for my auntie that was currently living there.
The solicitor has only acted in the interest of my uncle and not the will itself. Eventually when they realised I wasn't answering any of their phone calls they decided to give me the property.
Having found out there was rent that had been paid on the property while they were trying not to give me the house has meant that this should have also been paid to myself.
I wrote to my uncle via the solicitor asking for this money (after speaking to citizens advice, who said that it should be paid to myself) where he wrote back claiming he had spent a ridiculous amount and that if I carried on asking for the back rent he would be asking for this so called £8000 bill for work carried out on the property.
about a year and half ago I eventually got contacted by the solicitor to go and sign the land registry form.
I had been and signed this document and took a copy for my records, having not received this document I phoned up the land registry office in Nottingham to inquire where the document was. They informed me that in the form that they received there was no forwarding address and so they sent this back to the solicitor. So the solicitor had changed the land registry form before sending it off.
Having heard this news I phoned up the solicitor and requested my land registry form sent to my address along with "so called" receipts for work carried out on the property.
Having spoken to the company who rented out the property I have a full itemised list of everything paid for rent and work on the property and they informed me that they were still waiting over two years for my uncle to repair another property so these "so called repairs that the solicitor has witnessed" would be very much fabrications.
I have not had any other communication in response to a phone call I made 6 months ago, again requesting all of the documents from the solicitor.
My uncle inherited the full stake in the 8 million family business and has contractors that work for him that would be only to eager to give him "so called" receipts if requested from him.
He tried to do the same to my sister in law and when she got a solicitor involved she was eventually paid her back rent for the property left to her when her solicitor reported the solicitor (executor) for his handling of her case.
I'm wondering if I just take my uncle to small claims court and simply claim back £6037.50 owed to me or would I have to take the solicitor as well for also being executor??
My Grandma died on the 4th October 2015.
I have tried to speak with solicitors around where I live and the majority of them seem to know the solicitor (executor) and are reluctant to take the case which is why I was wondering if it was easier to use small claims court??

[InfoNeeded]

Basically my grandma left me a property that my uncle (executor) decided I shouldn't have and has done everything in his power over the past 3 years to try to use the solicitor (also executor) to force me to sell it to him very cheap. When they realised that this wouldn't work sent me a letter informing me that they would only give me the property if I agreed a 5 year tenancy agreement for my auntie that was currently living there.
The solicitor has only acted in the interest of my uncle and not the will itself. Eventually when they realised I wasn't answering any of their phone calls they decided to give me the property.
Having found out there was rent that had been paid on the property while they were trying not to give me the house has meant that this should have also been paid to myself.
I wrote to my uncle via the solicitor asking for this money (after speaking to citizens advice, who said that it should be paid to myself) where he wrote back claiming he had spent a ridiculous amount and that if I carried on asking for the back rent he would be asking for this so called £8000 bill for work carried out on the property.
About a year and half ago I eventually got contacted by the solicitor to go and sign the land registry form.
I had been and signed this document and took a copy for my records, having not received this document I phoned up the land registry office in Nottingham to inquire where the document was. They informed me that in the form that they received there was no forwarding address and so they sent this back to the solicitor. So the solicitor had changed the land registry form before sending it off.
Having heard this news I phoned up the solicitor and requested my land registry form sent to my address along with "so called" receipts for work carried out on the property.
Having spoken to the company who rented out the property I have a full itemised list of everything paid for rent and work on the property and they informed me that they were still waiting over two years for my uncle to repair another property so these "so called repairs that the solicitor has witnessed" would be very much fabrications.
I have not had any other communication in response to a phone call I made 6 months ago, again requesting all of the documents from the solicitor.
My uncle inherited the full stake in the £8 million family business and has contractors that work for him that would be only to eager to give him "so called" receipts if requested from him.
He tried to do the same to my sister in law and when she got a solicitor involved she was eventually paid her back rent for the property left to her when her solicitor reported the family solicitor (executor) for his handling of her case.
I'm wondering if I just take my uncle to small claims court and simply claim back £6037.50 owed to me or would I have to take the solicitor as well for also being executor??
My Grandma died on the 4th October 2015.
I have tried to speak with solicitors around where I live and the majority of them seem to know the solicitor (executor) and are reluctant to take the case which is why I was wondering if it was easier to use small claims court??

[Peridot]

Hi Infoneeded,

Does sound a bit of a debacle! So is the property in your name now? Are you now receiving the rents paid at the property? Was the property transferred to your uncle and the solicitor's names as trustees of the property for you following your grandma's death?

As executor or trustee they should be ensuring the property is maintained and maximising any return for the estate or in your case the beneficiary. As you are also aware they would also be required to maintain the property as trustees. However I am unsure how they justified holding it for so long if it was a specific legacy to you and you are over 18. Have you been given any explanation for this? I suspect not by the sounds of it.

It would not be unusual for an estate of the size you mention including the business to take some time to deal with. However after the first year following the death the beneficiaries are entitled to any proceeds raised on the property, so the rent. It should be reflected in the estate accounts as income would also have to be declared by the estate if the property had not at that point been transferred to your name. Has the property been rented out for the whole period since your grandma passed away?

If the property is in your name and the same tenant has been there throughout have you asked them what work has been carried out during their tenancy? I think you should discuss this with a litigation specialist. You need to prove the amount due to you that was paid in rent and I suspect from what you say you'll also need to confirm what if any work has been carried out during the administration period with regard to repairs at the property.

The exact wording of the Will leaving you the property would also be helpful if you have it? Do make sure any identifying names, addresses, business names etc are removed before posting if you are able to.

[InfoNeeded]

Thank you for your response I will post you everything that I have and try to explain the timeline to you as I go.

[InfoNeeded]

District Probate Registry.pdf Grandma Will.pdf

[InfoNeeded]

Here are the two files I have edited so far for you.
I will upload all of the letters from myself to and from the solicitor tomorrow for you.

As you can see my grandma left a house to my brother and his wife, who have now divorced.
Due to them getting divorced my uncle didn't think he should pay my sister in-law anything at all and did exactly the same to her.
It was only when she got a very pricey solicitor (paid for by her dad) involved and the solicitor wrote a threatening letter, and reported the family solicitor, did she receive her half of the back rent.
I just don't have that type of money to pay a pricey solicitor and so I am very great full for any advice you could give.
Thank you again for your time.

[Peridot]

Hi Infoneeded,
So who's name is the property that was left to you in? Has it been changed to your name now? Is the outstanding matter only to do with rent owed? Have you written again after no response to the phone call, to the Uncle and solicitors dealing as executors confirming you expect all back dated rents to be forwarded to you? If you are unable to have a solicitor deal with this you need to keep the pressure up yourself. You need to contacting them requesting the rents due and if there is dispute about the repairs that were carried out you need evidence as to what repairs were carried out exactly with supporting receipts.
You will need to write a letter before action setting out what you expect and what course of action you will take if they don't reply within a set time. I would consider finding yourself a solicitor further afield if local ones are not keen to be involved. Is this because they know the solicitor or they believe the claim is not worth enough to justify their cost or lacks sufficient prospects of succeeding?