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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband rented a flat put without my permission three

Customer Question

My ex husband rented a flat put without my permission three years ago. He signed all the agreements and receives all the money as part of an informal settlement agreement. We are now divorced and his tenant is creating lots of problems with the neighbours. I am being sent solicitors letters and don't really know what to do.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Who owns the property and why was this split not dealt with within the financial side of the divorce
Clare
Customer: replied 1 year ago.
We both still own the property though we have an informal split of assets. It was not dealt with at the time if the divorce because my ex refuses to engage with anything. The petition was sent to him five times! I had absolutely no part in putting this tenant into this flat. We have other properties as well and to date although he has promised to pay the costs if the divorce. I have paid them so I have been looking at how I will raise the money to take him to court and finalise things
Although we have children he doesn't pay maintenance and there were no arrangements for custody
Expert:  Clare replied 1 year ago.
Hi
How much are all the properties worth
What income does your ex have and how old are the children?
When was the Decree Absolute?
Clare
Customer: replied 1 year ago.

All the properties are worth £1.8 million

He doesn't declare any income and doesn't complete his tax return though it would be in the region of £50K with property income

Children are 16 and still in school and 19 at university

One in private school.

Decree Absolute was in November

I have spoken to the solicitors who are acting for the Leaseholder this morning. They were really helpful and have said if he refuses to respond to write a letter into court explaining my situation.

Expert:  Clare replied 1 year ago.
Hi
Do you wish to force the issue of the financial settlement?
Clare
Customer: replied 1 year ago.

I think that may well need to be the case but obviously I already have a solicitor in place dealing with this. My more immediate worry was the one particular property.

Expert:  Clare replied 1 year ago.
Hi
Sorry - why are the court involved at this stage with the tenancy?
Clare
Customer: replied 1 year ago.

If you look at my first post. He rented a flat to someone

Expert:  Clare replied 1 year ago.
Hi
I understand that - but why is the court involved ?
Clare
Customer: replied 1 year ago.

Because he has put an unsuitable tenant in there and the freeholders solicitors want her removed.

Expert:  Clare replied 1 year ago.
Hi
I assume that there is a Restriction in the head lease that enables them to take this action.
Is your ex also ignoring this litigation?
Clare
Customer: replied 1 year ago.

Yes there is. The tenant has some very unsociable behaviour and yes he seems to be ignoring everyone.

Expert:  Clare replied 1 year ago.
Hi
Have you given the Tenant notice to quit?
Clare
Customer: replied 1 year ago.

Thank you for your help. I think this is probably a little bit more complicated than the scope of this. I appreciate your help

Expert:  Clare replied 1 year ago.
Hi
Please do not worry - we can work through it and actually sometimes in doing so new options come up.
Can I assume that you did not realise you could serve the Notice to Quit?
Clare
Customer: replied 1 year ago.

No I didn't realise that I could as I didn't have anything to do with the tenancy agreement. I don't even know the woman's surname.

Expert:  Clare replied 1 year ago.
Hi
Since you are an owner of the property but did not sign the tenancy agreement then technically you are not bound by it - and you can enter the property at any time you wish
However rather than put yourself at any risk you need to take a formal route to end this problem - while at the same time working on sorting out the financial side of the divorce
It is likely that the freeholder's solicitor has details of the tenants name - which will give you the information to serve notice to quit under Section 8 of the Housing Act using Ground 14
more details here
http://www.simplyrent.co.uk/grounds.htm
and here
https://www.gov.uk/assured-tenancy-forms (form 3)
So serve the notice and then start the possession proceedings.
The fact that you are not named on the tenancy agreement presents a problem - but a relatively minor one.
At the same time you need to arrange a mediation appointment
www.familymediationhelpline.co.uk
so that you can go ahead with a court application for the financial issues to be dealt with
I hope that this is of assistance - please ask if you need further details
Clare

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