In 2005 I found a property (known as St Nazaire). I asked my ex if I could borrow the deposit to buy the property, he agreed (without hesitation). He asked if he could do the property with me and so we bought it in joint names.
We re-mortgaged the property in 2006 (£17,400) and split the proceeds 50/50 (£8,700) however, he owed more than the amount he was due (£9,500) so he didn't get anything.
In 2006 I went on to purchase a home for myself and Max with my Partner Simon Neal. My ex maintains that I used the money from the re-mortgage to buy the property and therefore he is entitled to a share in the property??
Because ND's money was tied up in St Nazaire, my partner and I loaned him the deposit to buy a property (known as May Terrace, we didn't have any interest in this property, we were clear that he was buying it for his own interest). In 2005 he got into financial difficulty (he wasn't working) and wanted to sell the property to release his capital.
In November 2005 I purchased Durnford Street (as an investment for myself, nothing to do with him or anyone else). He came to me and said 'I have found the perfect tenant for you, when I asked who it was he said 'ME!' I told him I wasn't happy about it and didn't want to mix family with business. The real reason I didn't want him as a tenant was that he has been so bad with money, I have a history of him not paying his maintenance payments (as agreed) and I didn't want to find myself in the situation I am in, where he doesn't pay the rent in full or on time.
As a sweetener, he offered to decorate and renovate the property, I said that I would think about it and after a few weeks of him pleading with me, he moved in (2006).
In 2008 when the mortgage went down from 548 to £121 he opened the letters (addressed to me) from my mortgage company and decided he was only going to pay the mortgage and not the agreed rent. When I questioned him on this, he said that he didn't have any money and played the suicide card.
Since 2010 (having lived in the property for 4 years) he has done some cosmetic decoration to the property, but this was his offer, as a sweetener for me to take him on as a tenant. The work that he has done, he maintains he has done it for me, however, he is now suggesting that he has improved the property and therefore he is entitled to any proceeds of sale, so clearly he has done it for himself and to support his claim against the property.
He has never asked me or consulted me about doing any of the work, I have only found out through my son that the work has been done. In 2013 I found out that he was going to change the windows in the property, I sent him a text message asking him not to change them, but he ignored me and went ahead anyway! (I have a copy of the text message).
There are two tenancy agreements in place, one from 2006 (the original) and a second one that was created in 2009 by a colleague of mine who had a property management company and was concerned that my ex would do something like this. I have given his original solicitor the original tenancy agreement, unfortunately I cannot find the second agreement (my ex has had access to my files and may have taken it). The colleague has since sold his company but is more than happy to sign a statement of truth with regards ***** ***** tenancy agreement).
I have a copy of a text message that he sent to me on 31st October suggesting he was going to look at another flat to rent (proving that he knew he was a tenant in my property). We spoke on the phone, he apologised for his behaviour, said that he was sorry and that he loved me and appreciated everything I had done for him. He said that he didn't want to leave the flat. I said that he could stay in the flat but on the understanding that he paid the full amount of rent £550, on time every month and that I never found myself in this situation with him ever again! He agreed.
4 days later, he hadn't paid the rent in full or on time so I phoned him. I asked him what was going on and he said that he had changed his mind and put the phone down on me!
I then served section 21 notice (incorrectly) and asked him to move out, giving him 3 months to do so. He was due to move out 1st February 2014 but he didn't. Instead, I got a solicitors letter on that day suggesting that he would be remaining in the property until ordered to leave by a court order.
As I explained previously, we have spent 11 months going backwards and forwards with his solicitors, trying to ascertain the details of his claim. Using an agent we served section 8 and 21 notices correctly and should have escalated the matter through the court, however the most important thing for me was to lessen the damage and not to cause impact on my son, who was getting drawn into the issue.
My son (now 25) went to see his Dad a few weeks ago, he was furious that after 11 months of suggesting he was entitled to the proceeds of sale of Durnford Street, his dad was now seeking monies from Adelaide Street (tenanted) Baynards Green (family home) and not just Durnford Street. Max asked his dad what it was that he wanted and he said 'I want her to give me the flat and some money'.
Max (our son) was party to the conversation when ND told me he had found the perfect tenant for Durnford Street (he was 16 at the time). He explained to his dad that he has been living in the flat as a tenant for the past 9 years, 7 of which he has only paid £121pcm (way below market value). He has had all of the benefit out of the property, whereas I have had none.
ND told Max that he wants me to give him the flat (because I only put down £4K deposit (actually it was £5K) and that money was his because it was the shortfall amount on the sale of St Nazaire.
In 2010 I sent ND an email suggesting that I did not want to fall out with him over money and I would be quite happy to give him the £4K shortfall (not that I owed it to him) save destroying our family relations. He didn't accept this at the time and is now clearly seeking to be given the flat (Durnford Street) in its entirety.
Thank you so much for your response.