Order For Sale ? Eviction ?

[7Builder]

My Wife and her brother inherited their parents' house 4 years ago. ( 50%/50% share )

Her brother had lived there with the parents for 30 years before their death and continues to live there now.

He is not willing to pay 50% rent for the half he doesn't own, nor is he willing to sell or to move out. In general he refuses to communicate.

The condition of the house is falling from a pristine "show home" while their mother was alive to a dump now. ( It is still full of the parents' positions, which also need to be divided 50/50 )

We have tried to negotiate. Offered to sell him my wife's half, but with no response. I don't know what to do next?

If we try for a "order for sale" from the courts how much is that likely to cost me in solicitors' fees ?
Is there some way we can evict him to get the much needed repairs done to get it back up into a saleable condition ?

Thanks.

[Barmaid]

Bit more info needed.......

Has a Grant of Probate or Grant of Letters of Admininstration been taken out yet? If so by whom? If so, has the property remained within the estate or has it been "assented" to your wife and her brother (this is just a transfer transferring it from the names of the parents to the executors to the beneficiaries)?

[7Builder]

Yes, they have Grant of probate and they were both joint executors for the will. ( This was done 4 years ago )

They are "tenants in Common" for the property and this is registered with the Land Registry ( I guess this answers the "assented" aspect ? )

[Barmaid]

If the land has been assented to them as beneficiaries (and this sounds the most likely scenario given the "tenants in common" point), your wife can make an application under s14 of the Trusts of Land and Appointment of Trustees Act 1996. She needs to ask for an account for occupation rent and an order for sale.

You cannot evict him since he is a co-owner.

I couldn't possibly say how much it will cost. It depends on how co-operative your brother-in-law decides to be. Sometimes a very carefully worded pre-action letter will be all that is needed; sometimes they will go the whole distance.

I would see a solicitor sooner rather than later - he or she will be able to estimate the fees.

[Khandro]

I think, as there is no communication possible, unless you can find a 3rd party - family or friend he might listen to on your behalf, you will just have to talk a solicitor, one specialising in family law would be best, it isn't an uncommon situation and he /she would know how best to proceed. There is nothing more you can do on your own, sorry.

[7Builder]

Thank you for your help.

Does "an account for occupation rent" suggest that you think she may be able to reclaim past rent ?

[Barmaid]

I'd include such a claim (unless there was an express agreement for no rent). The brother has had the use of his sister's half of the house rent free for x years. A lot will depend on the evidence between them though.

[Barmaid]

Just to be clear, this isn't "rent" in the traditional form of rent (ie between landlord and tenant), this is rent in the sense of a payment on the basis of equitable accounting from him to her for the occupation of the property.