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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Hi again - I have spoken to a couple of solicitors. 1 is a

Customer Question

Hi again - I have spoken to a couple of solicitors. 1 is a landlord specialist, the other is a very prestigious firm
I own a property jointly with my ex-boyfriend. it is being rented by tenants. I was away when the property was let and it has only just come to light that I am not named as the landlord on the tenancy, only my ex-boyfriend. however, I am joint owner, mortgage joint etc. Id like to serve notice on the property and move back in then come to an agreement to buy him out. 1 solicitor has told me I cannot serve notice if I am not the named landlord, therefore (even though he is collecting the rent and not giving me my share since november) there is nothing I can do without his permission. the other solicitor says that I meet the definition of a landlord under the housing act 1988 therefore I can serve notice on the tenants. please advise! thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.


The solution is more of a
practical one than a legal one.

Yes you can give notice to
the tenant but of the tenant does not move out you could not bring legal
proceedings to get them out.



So each of them is partly
right.



If you move into the
property, you will be liable to pay your ex 50% of the market rent



 



Does that answer the
question? I am happy to answer specific points.



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Customer: replied 3 years ago.


I'm happy to do that. I just want to be back in my property.


things arent ammicable with my ex-boyfriend and i want to be back in the porerty as soon as possible. a, i allowed to serve notice on the basis that I am joint owner of the property?

Expert:  Stuart J replied 3 years ago.
I would give notice and let the tenant object to it as part of defence if they decide not to move out.

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