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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi there, I am wanting to know whether I can claim against

Customer Question

Hi there, I am wanting to know whether I can claim against my ex-partner for damages for breach of trust. We jointly own a property, which is currently tenanted. Myself and our daughter (under 16) were made homeless as a result of his blocking our access to the property. The situation is still ongoing and I am reasonably sure that I have a strong case if mediation breaks down and it goes to court. However, after the case has concluded I will be seeking financial recompense from him as but for his actions we would not have been made homeless for several months.

This has meant increased travel costs for both myself and daughter as well as paying more than half of my (tiny) salary in rent for a room for us to stay in, which is more than twice the monthly cost of the mortgage. I want to know whether, in addition to requesting recompense for the additional costs I have incurred, I can also claim for compensation/punitive damages for the stress we have had to endure of being homeless for a long period of time; having to sleep on my mother's sofa, as well as not knowing where we're going to live; having to move around a lot as well as the stress of myself and my daughter having vastly increased travel journeys (she has asthma). This is all due to the fact that has and is continuing to block my access to the property. We own it as joint tenants.

I should state again that the case in the family court hasn't concluded as yet but when it has I shall be seeking financial recompense for the effect that his behaviour has had on both of us. I would appreciate any thoughts on whether I can also claim for compensation/punitive damages.

Thanks in advance
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the current application Before the courts?
Clare
Customer: replied 2 years ago.

Hi Claire, if mediation breaks down I will be applying for a settlement/transfer of property under Sch 1 of the Children Act to allow myself and our daughter to move back into the property.


Thanks

Expert:  Clare replied 2 years ago.
HI
Where were you loving prior to this period of homelessness?
have you ever lived together in the tenanted property?
Clare
Customer: replied 2 years ago.

Hi Claire,


 


Yes that was our family home when we were in a relationship.


 


Thanks

Customer: replied 2 years ago.

Sorry, I forgot to say that myself and daughter were living in a rented property beforehand but the landlord wanted it back.

Expert:  Clare replied 2 years ago.
Hi
How did you come to leave and how did the property come to be rented out?
Clare
Customer: replied 2 years ago.
Relist: I still need help.
Customer: replied 2 years ago.

We moved into rented accommodation together as a family a year after purchasing the property. We then split up six months later. We both went our separate ways and he found tenants to rent out the property.

Expert:  Clare replied 2 years ago.
Hi
Did he let out the property before or after you separated.
If after why did you not move back there when you split up?
Clare
Customer: replied 2 years ago.

Hi, because we moved to a new town as a family and by the time we separated our daughter was attending school in the new town having been recently moved school already. The property in question was 35 miles away from her school. And yes he rented it out after we separated.


Thanks

Expert:  Clare replied 2 years ago.
Hi
Thank you for that
To complete the chronology when did you tell him that you would need the property for your daughter and has he renewed the tenancy since then?
Clare
Customer: replied 2 years ago.

Thank you. I informed him in October 2013 after being given notice by my then landlord. As I am on a low income private renting is no longer an option. I can no longer receive housing benefits due to having had the flat valued recently and the amount of equity that is now in the property


 


I informed him that I do not agree to any further tenancies and to my knowledge he has not granted another. I asked him in Oct 2013 to serve notice on the tenants so that myself and our daughter could move back into the property but he refused to do so and also refused in give me the details of the tenants so that I could serve the notice. I only obtained the details after issuing court proceedings and have since served a section 21 notice.


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
Then no I am afraid that other than the claims you can make wither via TOLATA or Schedule 2 of the Children Act there is no other claim you can bring against your ex for breach of Trust
However within the claim that you can bring you can certainly argue for an extra share of the equity to reflect the financial disadvantage you have suffered
I hope that this is of assistance - please ask if you need further details
Clare

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