Help with housing issue

[Oakandali]

Hi everybody I have just joined and would like to say a big HELLO and hope someone will be able to help me I have quite a complicated problem beetween my husband his brother and myself, over the house which is jointly owened by the brothers. If someone can please point me in the right direction to where to post I would appreciate it .

[Diana M]

Re: Help with housing issue

What is the problem?

Is there something the matter with the property or a dispute arising from the brothers' ownership?

Di

[Oakandali]

Re: Help with housing issue

Hi Di the basic short version is brother has not got a job he lives in Scotland owners his own house, house left to them after parents died 24 years ago only just been put on land registry, brother wants money out of house which he is entitled to. Sticking point is me I have lived here for 15 years house was falling down as hubby not got money to maintain. My parents died I put 50k into house 34 of that was Windows facias kitchen bathroom, fencing, and driveway. Roof repaired ect.
I believe I have equitable interest I house he said no. He now saying we owe him£110.000 in back rent so he now want half and discount my input into house. No agreement was ever made about rent either written or verbal

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So is saying the rent money we owe him is more than money in so he wants half

[Oakandali]

Re: Help with housing issue

Only agreement was brother would help with council tax and to insure the house , never payed anything into house for 24 years despite being asked for contribution

[Crazy council]

Re: Help with housing issue

Hi

I have seen when houses have been argued over in the past, and mainainace plays a big part in your favour,

If the house was left all that time, ( nobody maintained ) it would be close to worthless, but, you have had the benefit of living htere. As a basic calculation

A = value of house at point of trans fair ( years ago )

B = Yearly rent if maintained
C = Yearly or full term costs of maintenance( including mortgagee or home improvement loans costs

B ( compunded ) - C

C = Maintanace, is not just the big things like windows door and overhals, maintance includes cleaning painting and all the general stuff you do to maintain a house over the years, that your not really supposed to keep a record/receipt for ( you can make this a lot )

Then, the house value at transfaire, plus the house value now = D

D is usually split 50/50 unless the other party has been formally asked, and refused, to contribute to a required bit of maintenance or you have added to the property like an extention of a feature

[Oakandali]

Re: Help with housing issue

Oohhhh that's sound rather complicated. So basically does he have the right to ask for rent retrospectively as no agreement were made. I have asked for the money back that I have put into the house . Can you explain in a term I can sort of understand thank you for you answer

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House was valued at 160 k when Nick left, value today is 400k to 425k. I had a survey done and they said at today price the house without the maintenance would be worth 300 k or less as roof was falling in the house was full of junk took me two years to clean out nobody would come in

[Crazy council]

Re: Help with housing issue

I will do over this weekend,

I have stated it incorrectly,

they can not ask for rent respectively, but in the calculations that a judge/adjudicator looks at, they would consider you have had some benefit by living there, but the costs of mainting the property over that period ( just basic maintenance, ) would have cost even if you wasn't there ( like roof and gutter maintenance )

So think of 'B' as a figure they will put on for the benefit of living there ( a lot less than rental costs )

Then, if you would have left it empty, you both still would have had to pay insurances, maintenance ( roof,gutter,services, gardens ) ect, to keep it holding a value over the period, you come up with a figure for that 'C'

So each year, you have benefited some, but its cost you to do that. ( not hard to make these cancel each other out,and sometimes would be in favour of the occupier )

I will add to this over the weekend and try dig out an example of how the calculations are used. I suppose the best question would be what is the other brothers value in the property and how would that be worked out.

[Oakandali]

Re: Help with housing issue

Bill has lived here since birth so 54 years he maintained this on his own since 1994 when his brother moved out. I moved in in 2001 end of August. my parents died and in 2008 and after I got my inheritance I decided I couldn't live in a house that was falling down, window falling out roof leaking and facias falling into garden, no heating and still isn't as I won't spend anymore money, garden is an acre and it was overgrown. I fully emptied it and redecorated. Took me a week and numerous skips to clear out one bedroom. So if I hadn't have spent money and time the house would have been worthless . Thanks for all your help

[Diana M]

Re: Help with housing issue

brother wants money out of house which he is entitled to. Sticking point is me I have lived here for 15 years house was falling down as hubby not got money to maintain. My parents died I put 50k into house 34 of that was Windows facias kitchen bathroom, fencing, and driveway. Roof repaired ect.
I believe I have equitable interest I house he said no.

I think you have every reason to take a selfish approach to this. It's your money not the brothers' money which has contributed to the uplift in value over the years.

You have every right to seek independent advice on how to protect your legal position.

You need to establish formally whether you have an equitable interest in the property. Your brother-in-law may say "No" but he would say that wouldn't he

Di

[Oakandali]

Re: Help with housing issue

Hi Di the solicitor I used wasn't very good she put the house onto the land registry as it wasn't registered in anyone's name. It was done on probate in 1994. The solicitor who did the land registry also had a meeting with us and told Nick that I had an equitable interest in the house. But he has got their rent in his mind and won't let go of that, the house couldn't have been rented due to the fact it was unsafe and no heating no proper kitchen so no way could anyone rent the place, if anyone knows about rent could they please advise me please. It's really getting me done I just wish I hadn't met Bill .
the house still hasn't got heating.

[seduraed]

Re: Help with housing issue

There are grants available to install central heating. I think CAB or your local council may be able to help. You need,to take professional advice. Check your house and car,insutance they often have legal advice built in.

[Diana M]

Re: Help with housing issue

The solicitor who did the land registry also had a meeting with us and told Nick that I had an equitable interest in the house.

. . . It's really getting me done I just wish I hadn't met Bill .

Don't let this get you down. Most legal issues are fixable

Is there a reason why this had come to a head now?

Is Nick (brother) needing to raise some money in a hurry, or has he fallen out with Bill (your husband) so they need to do the maths and divvy up.

Has there been any suggestion of the property being sold and if so where would you live after that? You've probably got occupational rights if you want to stay.

You mustn't feel pressured to do something which doesn't feel right to you, especially since you've invested £50k of your own money in the home.

Di

[Oakandali]

Re: Help with housing issue

Nick lost his job a few years ago then he sat in his hovel which is stacked up to the roof in junk and sat there and didn't eat , he was lucky to survive, he was found by Sally his mate, I suspect she is pulling his strings. He hasn't got a lot of money and has accessed funds he had invested. We will have to sell the property, but we will need the money back I have invested to be able to afford another home. The sticking point is me he doesn't like me and never has, I took away his brother they weren't close, Nick was a bully and bill has dyslexia so he can't speak to him now as he is being so unreasonable. He has got this figure in his head that we owe him rent but no agreement either written or verbal was ever made, the onlt agreement was that Nick was going to help Bill with the council tax and the insurance on the house but he never did , he hasn't paid a penny into the house

[seduraed]

Re: Help with housing issue

I'm just thinking as a layman and trying to help you avoid court costs. Would the following work ? Bill has some claim to the capital value of the property and has an idea that you owe him back rent.
What I suggest is you now start to pay rent to bill and a small extra sum towards the capital. In return he signs an agreement giving you a lifetime interest in the property.
I don't know the age of the house but the are grants available for insulation ,draught exclusion , and central heating.

[Crazy council]

Re: Help with housing issue

Hi

Understood a bit better now you have added detail. What you really need to do is come up with some fair figures to balance off his claim, and identify the value of his interest in the property.

It will start with the value at the time it was handed over or the brother left .
Then, take the price increase since then, minus the 50K you put in plus any other recoverable input.
Calculate a figure for the benefit/maintenance between then and now and add to the balance

Then your left with the brothers maximum value in the property

But, i suspect, becuase of the time you have lived there, it may limit the brothers options. Theres no reason why you can make a pro-avtive offer for settlement over time with the brother, to enable you to stay in the property, if thats what you wanted