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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have built stables with " a friend " in 2001 we spilt

Resolved Question:

Hi
I have built stables with " a friend " in 2001 we spilt the costs of the stables &rented the land which we paid every 6 months, the friendship broke down about 10 years ago but "arrangements" didn't change. Ironically the original agreement of tenancy was in both our names, but about 6 months ago I found out she changed this to her name only & removed mone, but I still paid rent, again I gave the cash to her, as I did for all work undertaken in the yard. No receipts. Stupid yes in hind sight. We have had several falling outs, and now she has told me I have 3 months notice to move my horse! Ironic as the original agreement 15 yrs ago was a joint venture & we "joint own" another horse. According to the original agreement we were not allowed to sub let, so whilst I try and find the original agreement where do I stand legally?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is***** will help you.
Where do you stand legally in relation to which aspect please?
Customer: replied 1 year ago.

We originally built & paid for the stables together in 2001, half & half. The land is rented. The original contract was in both names but I recently found out she removed my name without me knowing, apparently a few years ago, but I continue to pay rent every 6 months like I have for 15 years. I give her cash that she apparently "pays" the land owner. I never asked for receipts as I didn't think it would be needed! She has now told me I have 3 months notice.....where do I stand legally not only with the land & having to move my horse & also my half of the stables which she has said "her husband" has " covered " with jobs he has done around the yard over-the years but any work he has done I have paid cash for to her.....

Expert:  Ash replied 1 year ago.
Yes I understand that thank you. But I don't quite understand and it's probably my fault, what you want to know legally about this?
Customer: replied 1 year ago.

Can she legally give me notice

Expert:  Ash replied 1 year ago.
No. She can not, you are joint and therefore you have an interest.
If she wants possession she will have to seek s court order which you can contest
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Even though she has removed my name from the original contract? And I have no proof of receipts for rent etc?

Expert:  Ash replied 1 year ago.
Yes. She still has to prove and it she can't just remove you without permission.
Des that help?
Alex
Customer: replied 1 year ago.

And if I have no copy of the original contract where do I stand? I am still trying to get a copy of this from the estate agent but given its 15 years ago I don't know what success I will have. So to confirm the land is rented the stables we buit & spilt the cost. I need to be 100% sure as my horses lifew is at stake here. I need legal advice that I can push back with, not just a one line sentence that says she needs a court order. I need to be able to push back & say because of x y z you can not legally do this....... does this make sense?

Expert:  Ash replied 1 year ago.
Yes she needs a court order. If you can show you have rented and I assume she won't deny there was a written agreement, that is what you need,
Does that help?
Alex
Customer: replied 1 year ago.

What is a court order? What does it do? Sorry for keep asking questions but you have no idea what she is like. I've seen you offer a phone consultation maybe this would be easier?

Thanks

Expert:  Ash replied 1 year ago.
The court is is where it gives her permitted possession. But the court may or may not grant this after a full hearing.
I am happy to discuss over the phone.
Alex
Customer: replied 1 year ago.

Hi, I'm not sure how I respond to the phone call offer, so replyING here.I would like to do this, but I want to get a bit more proof as in the original contract etc etc. She has blantly told me my horse has health issues which "she deals" with every day...which is news to me as my horse is fit healthy and amazing for 24. She neglects to say anything about the old horse we share. Im happy to pay so far, but don't want to "close" or have another person comment on this. So maybe you can advise how best to handle this. Thank you Sara

Oh,& to boot she has told me that the value I paid for n half of the stables approx €200 - 25k plus has been wiped out by the maintenance her husband has done around the yard/ field. I dispute this as no way has that amount of work been under taken, & any additional work has been paid for. Again in cash, with minimal evidence of this, but surely if she thinks £25k is a "trade offf" on top of what I paid, then surely this would be declared as "wages / an asset " ...one that wasn't agreed!

Expert:  Ash replied 1 year ago.
I understand. But they must get a court order for possession. You can contest this in court. There is an agreement, you are joint partners.
Does that clarify?
Alex
Customer: replied 1 year ago.

Last question. So what if I can't find the original contract that had my name on it in 2001, and now only has her name on it. Does what you say still stand? Thanks

Expert:  Ash replied 1 year ago.
Yes. She has to prove there was no agreement, nor that you were a party.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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