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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44657
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My mother has passed and had left three properties equal

Customer Question

My mother has passed and had left three properties equal shares to myself and my brother one of the properties is to be occupied by mums partner until he dies or leaves and the other two properties are to be divided. The problem I have is that the industrial property is being rented by my brothers company and mind partners company and the two of them have stopped paying rent since mums passing mums will reads that any income produced by this property is deemed income to the estate but they have just fobbed me off and said bad luck. Mum is not here but we are not paying the rent The other property has a granny flat out the back that his son lives in and pays no rent and the front house I am living in until I work out the estate then I plan on renting it How do I get the two companies to pay the rent that is owed then split or do I sell my half share of the property to my brother
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Is there a lease in place?

Customer: replied 2 years ago.
No - both companies my brothers company and my mums partners company paid mum rent every week.
when you ask was a lease drawn up legally I do not believe so it was just good will, however both the companies claimed the rent in their tax returns and my mothers tax return was for rent received on the property.
Expert:  Leon replied 2 years ago.

Good Afternoon

Do you have evidence of the rental payments that they made?

If there is no lease agreement then you will have to rely on the payments and if you are the executor of the estate or the owner of the properties under the will you can sue them for the rent they have not paid.

If they have claimed the rent and no paid they have committed fraud and this should be reported to the ATO

Expert:  Leon replied 2 years ago.

Good Morning

Just following things up and seeing if there is anything else I can assist you with?