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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Mr burns her.live in a big house which we co own with my

Customer Question

Hi mr burns her.live in a big house which we co own with my wifes brother. It has been converted into three indpendant flats own c tax .own eletric meters etc . He as moved out and is advertising it to let local estate agent can he do this.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Hi mr burns, my question we have bought a large house made it in to three flats .the property is owned by my self and my wife and her brother. We live in the ground floor , he lives on the second floor flat , the third floor is not occupied.he as now moved out and put his flat for rent can he do this.
Customer: replied 1 year ago.
We both pay all bills equal , c tax utility, their is one commen entrance, we don't now who he is letting it to does he have to have our permission, to do this if their is a rental aggrement does he have to give us a copy. Does he have to have land lord aggrement and test Certs by law. And give us copy's.
Customer: replied 1 year ago.
Would we have to sign the lease if there was one. Are we liable for any thing .
Customer: replied 1 year ago.
He now as moved out to Spain is comming back mid May to let the flat.all the 3 flats are joint owend.
Customer: replied 1 year ago.
Thank you mr Mrs r burns.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did he previously pay you rent for his flat? Kind regards AJ
Customer: replied 1 year ago.
Hi , Aj. No because he owns 1/2the building, we live on the ground floor ,he lives on seconded floor, top floor not in us .regards ***** *****
Customer: replied 1 year ago.
Rent is not the issue.as we are joint owners and he is not here because he lives in spain ,some times we are away , that would mean the house would be left with who ever, l need to no if he let some body in charge, rent does he need to get references
Landlord certificates insurance and a lease by law before proceeding.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. If you each own all the flats 50/50 then technically he should have obtained your consent before renting his property. Is he offering a short let or a long term let? Kind regards AJ
Customer: replied 1 year ago.
We don't no, at the moment we are in the dark would he be breaking the law , or if he let it through an estate agent,would they.
Expert:  Alex J. replied 1 year ago.
HI, Thank you. As co owner of the property the estate agent would need your consent. He would be breaking the law in the sense that he would be letting a property he is not entitled to let, but this would not be a criminal offence it would be a civil matter. Do you know which agency he has listed the property with?
Customer: replied 1 year ago.
Hi yes we do.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Have you actually emailed the agency and confirmed that you have not consented to the property being listed? And alsoe explained that as joint owner of it your consent is required?
Customer: replied 1 year ago.
No just had e-mail to say he was comming back mid May,but have seen it advertised in local estate agents.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. As a starting point I would contact the estate agents and ask them to pull the listing, assuming you did not consent. Does the property have planning permission to be three dwellings? Kind regards AJ
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Customer: replied 1 year ago.
No it was guest before we converted it .
Customer: replied 1 year ago.
Thanks Alex j.For your advice will now consider all oppositions regards ***** ***** Mrs R Burns.
Customer: replied 1 year ago.
Very helpfull thanks