Does my Tenant in Common Partner have a legal leg to stand on? Can I force a sale myself?

[Why me - why not]

I wonder if someone can help me. I am currently the co-owner as tenants-in-common, of a 3-bedroom house. I have the smaller share, though still a good chunk. It is mortgage free. Neither of us live there and it was being used for holiday-lets but this is no longer the case, as, among other reasons, it needs some updating.

 

The problem is that my co-owner, a relative, is impossible to work with as a partner. He’s had complete control of the accounts from the beginning and refuses to let me see them. I know that the property had a considerable amount of income when it was being used as a holiday let, (mostly through an agent, so there is paperwork) but I have no idea what has happened to this money. He keeps demanding payment towards utility bills and for remedial works to the adjoining barn (which was supposed to have been funded by the aforementioned lettings income) but as he refuses to say what he’s done with the profits, I am unwilling to hand over any of my own money. I know I am entitled to complete disclosure but he is deliberately keeping the accounts from me. He says they are none of my business since I pay nothing towards utilities.

 

Some time ago he started working on renovating the adjoining barn. I had explicitly asked to be consulted beforehand and kept informed of any costs and developments along the way but he ignored this request completely and went ahead anyway, so I had no chance to agree or disagree to anything. I also insisted that we meet to put together a declaration of interests but he refused this also.

 

He now wants to buy my share but is offering what I see as an unfair sum. He is demanding payment for his labour and now states that he has spent nearly £20k of his own money and wants this back. I have told him that I am unhappy to pay for his labour as this was never agreed, but that I will pay my share of the costs as long as he can prove that he has paid for them out of his own pocket. He has sent me lots of receipts and invoices but no incomings (I know the house was being rented out for some time and we are talking over £20k in holiday let income) so I still do not know whether he has paid anything out of his own pocket. He is in fact refusing to show me any incomings or proof of whether it was declared to the tax office, which I strongly suspect it was not.

 

He has bombarded me with various letters and threats, stating that I have shown no interest in the property (not true, but made very difficult by his constant lack of communication, refusal to answer questions, etc) and that I must sell him my share and at his price. He has contacted a solicitor who has also sent me a letter and threatened me with court action for forcing a sale. He states that his business interests have increased since he has spent his own money on the place.

 

I would sell my share to him but I want a lot more than he is offering. I suggested that we get three estate agents to provide valuations for the property and go from there, which he did do, but the figures that came back I feel are all rather low and he has taken their absolute bottom valuations and given me the average. I would be happier to place the house on the open market at their top valuations and go from there but he does not want this to happen. He wants my share.

 

I know that now is not a great time to sell but he is trying to bully me into selling to him. The main question I have is whether he has a legal leg to stand on as such. As far as I am aware, if we did not put together a declaration of interests, as I suggested, then our stakes do not alter and it would take a lot for him to prove otherwise.

 

Things have become very nasty and he is behaving as if he owns the place. He has even gone so far as to threaten that he will call the police on me if I go there.

I'd be grateful for any informed thoughts.

 

[Conniff]

Welcome. If there is no legal debt ie, county court judgements etc against you by the relative, then no one can 'force' you to sell.

 

Are you part of a company or is this just a private deal between you and your relative? Are there papers to show who owns what and are these deposited with the land registry?

[Why me - why not]

Thank you for the welcome, Conniff - (apologies for seemingly just diving in with no introduction, not actually my first visit on here, lost original log-on details). I have no CCJ's but I understood there was a 'forced sale' procedure one could employ in circumstances such as these, no? This is a 'private deal' and it is registered at the LR.

[Why me - why not]

Bump?