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joint property rented without my consent

  • Fish19
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11 May 12 #329943 by Fish19
Topic started by Fish19
Does anyone know what my rights are with regards a property we jointly own but he''s rented out to someone, without my consent or knowledge? I would like to retrieve the furniture etc but don''t even know how to go about it. I''d be very grateful for any help or advice.

  • dukey
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11 May 12 #329954 by dukey
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Are you divorcing? have you registered restrictions on the property with land registry, if not do it and quick.

If there are no financial proceedings there is little you can do if there are proceedings then you can apply for Directions with a judge to sort out specific issues such as this.

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11 May 12 #329958 by Fish19
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Yes we are in the divorce process.

I think registering with Land registry now is a bit of closing the gate after the bolted horse! And by the time it goes to court he could take all the furniture etc. Do I have no rights? Can I not evict the tennant as I did not agree to the tenancy? Can I not just enter the property and take my belongings?

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11 May 12 #329959 by dukey
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Its not easy, you can contact the tenants and make them aware you gave no permission for the rental, you could even ask the police to attend so you can remove your belongings, but you will face multiple problems, the tenants have rights, they will have a lease the police wont want to be involved in a civil matter, and what belongs to you is highly subjective, your married and therefore the property may be seen as marital and not yours.

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11 May 12 #329960 by Fish19
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:angry:Thanks.

  • LittleMrMike
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11 May 12 #329988 by LittleMrMike
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There''s something else too, I''m afraid.

Is there a mortgage on the property ? And if so, does it prevent you letting the property without consent ? ( It probably will ) and will the consent be forthcoming ? or has it been obtained ?

Because if it isn''t, you could be in breach of the mortgage conditions. This sort of thing does go on. That could have the effect of entitling the lender to take proceedings for breach of covenant.

I would have thought the answer is simple. You are joint owners, both of you must concur in a letting.

Someone who is a joint owner, for example, cannot sell the property unless the other owner joins in. I''d say the letting was void. That could well put your ex in the position of being liable on the implied covenant for quiet enjoyment.

But being practical, how long have the tenants lived there ? If they''ve been there for some time a practical answer might be to end the tenancy after six months'' occupation. But he ought to share the profits with you.

But a great deal would depend on the terms of the tenancy.

If you''re divorcing the Court has the power to transfer property. I think you need legal advice on this one.

LMM

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11 May 12 #329997 by Fish19
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Thanks LMM. It is a buy to let property so having a tenant is not an issue. Whether we must both agree to the tenancy agreement, I don''t know as he has ALL the paperwork. I don''t even know who the tenant or agency is. I expect it''s a short term so if I could contact the tenant, I might be able to get some answers and try to end the tenancy. However I''m sure the tenant would contact the stbx if I tried to contact him with ''to resident'' letter... Would there be any pitfalls in that do you think?

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