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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question regarding a property I bought and the

Resolved Question:

Hi there. I have a question regarding a property I bought and the rights surrounding it, I'd really appreciate your advice about the next steps.
I bought a house 6 months ago with just me on the deeds and mortgage, my girlfriend couldn't be put on as it was my deposit etc.
We have decided to break up and I want to move out. She can afford to live there on her own and pay me the full cost of the mortgage and bills now as she has a new job.
The mortgage term is 3 years, and I can't turn it into a buy-to-let as I don't have 30% equity in it.
With her continuing to privately rent it from me, in effect, does she have ANY claim over the house now or in future when I come to sell the house? We don't have any kids.
Would a contract written by yourselves counteract any claim she could make in future? She says she won't claim, but I want to make sure this is the case prior to letting her continue to live there.
If I sell the house now, I'd be in breach of the fixed term mortgage and would need to pay a hefty penalty, as you're aware.
So I am looking at the best options possible, and I'm happy to discuss you writing up a contract if that's what's going to prevent any claim in future. But if you could advise of any claims she could make also, if any.
Thanks so much in advance,
Deren
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Are you going through a letting agency or just renting to her direct?

Customer: replied 11 months ago.
The plan is to rent to her direct, as I don't have 30% equity in the house to transfer it to a buy-to-let, thus I wouldn't be able to go through a letting agent.It seems like the best idea, let her stay there for the rest of the course of the 2.5 years until the fixed term ends (otherwise I'd have to pay a £9k penalty for breaking the fixed term).Hope that all makes sense,let me know if I can clarify anything else.
Expert:  Ash replied 11 months ago.

Ok - then you need to have a tenancy agreement, rent book.

Make sure its all documented. But that is not a problem and you can do that.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Thanks Alex. With a tenancy agreement in place which is witnessed by a local solicitor (and drawn up professionally), will my ex-partner have ANY claim to the house in 2 and a half years when I decide to sell? Or will they be able to prevent me from selling the house without their permission, for example, as they will have been in the house for all that time??I just want to ensure I cover myself so I can sell my house when the fixed term ends and have no repercussions whatsoever.Many thanks,
Deren
Expert:  Ash replied 11 months ago.

No, if she has not made any payments to the mortgage etc. This is rent, which does not create an interest.

Does that clarify? Alex

Customer: replied 11 months ago.
But could she not argue that her 'rent' payments were contributing towards paying my mortgage in that time?So a tenancy agreement drawn up by a solicitor, and keeping rent payment records will ensure she has no claim to the house when I sell in future?Sorry, these are the last questions so I can be completely clear on this. Many thanks!Deren
Expert:  Ash replied 11 months ago.

No.

Its a rent agreement with rent book. No interest in the property.

Does that clarify? Alex

Customer: replied 11 months ago.
thanks very much!
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Customer: replied 11 months ago.
Of course I will leave a review in 10mins. Thanks again!
Expert:  Ash replied 11 months ago.

Thanks!

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