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Mum and property

Postby Brownhills » Sat Mar 10, 2018 11:33 am

My mother and I held a property as joint tenants, she collected and received all the rent, I was just going to inherit it all after her death to avoid tax. She has of 18 months ago changed the ownership to tenants in common and now I only get half on her death.
She is going slightly mad and not looking after the property, so I want to now collect my half of the rent to look after the property and get back some of the money I will now lose after her death. We are not on speaking terms.
Can I estimate what she owes me in back rent, given my half, make a deduction for her looking after them for the last 18 months (like and agency fee) and make a money online claim for the rest?
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Re: Mum and property

Postby theycantdothat » Sat Mar 10, 2018 12:52 pm

You pose the sort of question which can only be answered when the full facts are known. What was agreed at the outset, what was set out in any document and the conduct of the parties are all relevant. Even with all the facts any opinion has to be tentative because there are no hard and fast rules in this type of situation.

Assuming there was no agreement that your mother should have all the income, when it comes to claiming your share of the rent received to date, you run into two hurdles. The first is the law of limitation which imposes time limits on claims. Its operation is a bit tricky when it comes to trust property, but you may be restricted to claiming six, possibly twelve, years' rent. The second is that by not claiming your share for so long you may be deemed to have gifted her your share. Whether you have gifted your share in future rent is difficult to say.

You can certainly take action to protect your interest, but the question is how you go about it. Unless the condition of the property is dire, going to court is not really to be recommended as in this sort of case costs are likely to be disproportionate to any benefit you obtain.
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Re: Mum and property

Postby atticus » Sat Mar 10, 2018 2:47 pm

This gives rise to all kinds of possibilities.

- application for order for sale, dividing net proceeds, plus accounting by mother for money.

- maybe even proprietary estoppel in respect of the whole freehold interest.

But the key thing is to get to the bottom of what was agreed when the property was purchased.
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Re: Mum and property

Postby dls » Sun Mar 11, 2018 7:20 am

You may not be on speaking terms now, but that should be sorted first. Do what you can do and have to do to get the relationship back on an even keel. The house is secondary.

Without doing that first, getting into a fight is probably ruinously expensive for you both.
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