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Ex stopped paying me Occupational Rent ?

  • swigglah
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17 Sep 12 #356291 by swigglah
Topic started by swigglah
Hi

Hope someone can help me with yet another problem !

I left the FMH over 18 months ago

We are Divorced

No dependants

House up for sale through court order following divorce

I borrowed money and bought another property nearby I live alone in.

No buyers in 18 months for house so I asked her for rent at 50% of going rate to help with my housing costs

Ex agreed to pay me occupational rent from June 2012.

There is no written agreement !!!

She was paying via the bank and I have emails and txts from her stating she has agreed to pay as well as a document she sent to the Solicitor selling the house stating “I have agreed to pay Mr X occupational rent until completion of contracts at which time I will give vacant possession to the purchaser”

She is now saying she wont pay any more rent, she has paid in advance via bank transfer to mid November.

What can I do if she breaches are agreement …. Any advice really appreciated.

  • WYSPECIAL
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17 Sep 12 #356292 by WYSPECIAL
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Not an expert but would have thought nothing.

You had an agreement which she no longer agrees with so has ended it.

Do you pay half the mortgage? Perhaps you could re-coupe the money by no longer paying that?

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17 Sep 12 #356300 by swigglah
Reply from swigglah
Hi

Thanks for your response WYSPECIAL, there is no mortgage so cant go that route.

I know ultimately I will need to seek legal advice but I perhaps wrongly believed we had a contract that implies she will pay me occupational rent until the completion of sale contracts in return for exclusive rights of occupation.

I would have thought changing your mind about an agreement if legally binding is not enough of a reason to breach it without perhaps potentially leaving yourself open to court action.

I guess I need to establish (a) Is our agreement legally binding (b) what options if any do I have to enforce the contract or seek compensation for the breach of the contract.

Any solicitors out there ?

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17 Sep 12 #356304 by WYSPECIAL
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What sort of figures are you talking about? Even if you were to win, which seems highly unlikely, it might cost you more in legal advice than she actually pays you in rent.

Why did she agree to it in the first place? It seems an odd thing for her to do when there was no need to and the court order is being fully complied with.

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17 Sep 12 #356414 by swigglah
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Yes I appreciate the cost of legal advice may be phrohibitive but its not just about the money to me.

Why is it unlikely that I would win in your opinion ?

Yes it was a voluntary agreement and the reasons why she agreed are she got the house to herself rather than me moving back in triggering further court action and costs etc.

We agreed it was fair as did our grown up children as it brought peace and civility to us all and we all had somewhere to live.

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18 Sep 12 #356472 by WYSPECIAL
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It is unlikely that you will win as the court has nothing to enforce.

There was a voluntary agreement which no longer exists.

If you take your ex to court over this I would imagine peace and civility will go straight out of the window. It may also make her dig her heels in about selling the property.

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18 Sep 12 #356473 by rubytuesday
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I agree with Wyspecial, there is nothing for the Courts to enforce.

In addition to the legal cost of perusing this, you may also end up with a costs order for paying the other side''s costs.

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