• Part Owned Property

    By Guest on 04th Mar 2017

    My brother has lived in the 3 bed semi for 12 years , no rent . Where do we stand legally if we wish to sell this property?

  • 1 Answers

    By Guest on 05/03/2017

    I assume you own the property? If he has paid no rent and if no lease has been signed then it's unlikely that he has a tenancy. A tenancy is a contract and one essential element of a contract (except a contract made under a deed) is consideration, i.e. both sides have to give something and receive something else in return. For there to be a deed there must be a physical document which must be signed and witnessed by the parties (there are other formalities but the starting point is, is there a document?).

    Even though your brother may have no legal right to stay (and there may of course be complications with this, I have limited facts and am making certain assumptions), if he refuses to leave you still need a court order and to be safe, a court bailiff, to evict him.

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