Contributions Towards Property Upkeep

[jaycee401]

Briefly, I am inheriting a property and someone will have a 50% beneficial interest when the property is sold. The property at present is rented out to a man aged 88 with a lifetime tenancy. The agreement is once the tenant has either deceased or gone into are home the property will be sold. I have only just inherited this property, and I think its only fair the person with the interest contributes towards maintaining the property and insuring it. This person is refusing to do so, what are my rights in getting him to make a contribution?

[janbee]

I suggest getting advice from the Citizens Advice Bureau

[ummmm]

Keep all receipts and transactions regarding any upkeep and get your half back when the house is sold.

[ParsleyDumpling]

Hi Jaycee,

Sorry to hijack your thread, but how did you get on with regards the will that was being contested? I had been following it with interest and seem to remember you were going for mediation in September.

[woofgang]

So by a 50% beneficial interest in the property, do you mean you are only inheriting half of it? because if the tenant owns half of the property then he is surely liable for half of the maintenance. What that means in practice is different because you might have differing opinions on what is needed. Insurance is a bit different because you don't need to have insurance. Could you insure your half share only? Not sure.

[Peter Pedant]

If it is rented out to a tenant and at a market rent - which is what the q says then the landlord has to unsure the outside and the tenant the contents.

Maintenance of the fabric is the landlords responsibility

If he has a life interest you know like a widow who pays nothing when living in her deceased spouse's house then the law is different.

[Peter Pedant]

I think readers are not sure whether the 88 y old had a life interest in the property ( and live there free )

or pays rent and has a lease where he pays rent to the eventual inheritors and which will determine on death or when he goes into a home.



*[ determine = lease ends lawfully ]

[jaycee401]

Hi sorry I should of made it clearer. The 50% beneficial interest is not to the tenant. I have inherited the house but have agreed after finally settling the will dispute that the party who was contesting the will receives 50% of the house once sold.

[jaycee401]

the tenant lives there rent free

[ParsleyDumpling]

Thanks Jaycee, your post 17.02 answers my question. Hopefully now you should have no further problems from him ;)

[woofgang]

Then my answer at 16.05 stands. Substitute "will contestor" for tenant.

[jaycee401]

Thanks for the replies. We just want to make sure that if the property required any maintenance then it would be split 50/50, we dont ecpect him to contribute to any interior decorating etc. He seems to feel he shouldn't have to contribute. Pasrsley the outcome was 50/50 on house but no cash from the estate. Thank goodness it is now over!

[bednobs]

more than you wanted to give i'm sure, but less than he wanted to get.

[Peter Pedant]

scroll down to life estate
http://legal-dictionary.thefreedictionary.com/estate

he cant do anything to waste the estate
and has to maintain

but read it yourself

[jaycee401]

Yep didn't want him having anything. But the law is an ass at times and rather thsn waste thousands at court it was easier to give him some. Thanks Peter, reading through the jargon lol it looks like he has a legal obligation to maintain it.

[Peter Pedant]

yes right
lots of case case law on this - widows wanting to spite the eldest son and so on.

one chopped down a forest/ wood and was forced to replant