Hello I am a lawyer of over 5 years experience. I will try to help you with this.
You are the owner of the property and he is not. At the time he did the work were you living together as a couple? Was there any agreement that by doing work he would gain an interest in the property or was he doing it to make the house nice or out of affection for you?
We co-habited for 7 years the first four of which we had an agreement that I would continue to pay the household and utility bills and mortgage that he would do improvements to the property all improvement were done and decided by him and I had no input in the decisions made, he informed me that he was saving £1,000 per month!! After 4/5 years my son came back fro uni and started to pay board. I then felt it was only right that my ex paid board as well this did not go down well and he then stopped doing improvements and paid me £300 a month which he classed as rent. Naturally the relationship dissolved
Ok thankyou for that I will answer you this afternoon. I Hope that is OK.
The short answer is that he has no right to claim any interest in your property at all. In fact that is the long answer too. Has he put his “claim” in writing yet and has he made any threats of action?
Yes I have a written letter from a solicitor stating that he has an aquired interest, and a judge may rule under the Trusts of Land and Appointment of Trustees Act. He says that me ex would not have willingly incurred these expenses and spent so much time and effort carrying out these improvements had he not believed that he had an interest in the property. My ex new he had no interest in the property and also had stated that if we were ever to split he would just walk away and make no claim as this was my house.
I would like to know as well under the TLAT whether he has any right his solicitor is informing me to sell my business and shop items that obviously were purchased well before my ex ever appeared upon the scene.
Thank you for your reply this is very informative. I think the simple answer to my predicament is either to become a nun, never co habit again or get married. ........ I think I will become a nun!
Now we shall get to the nitty gritty, I have a shop and post office theex had a fencing firm he used my garage as his work shop and then he decided to knock down my garage and build a new one which had better lighting in and was drier, He used this for 2 to 3 years also storing wood in my driveway also using my shop landline as his business telephone line. I also did his accounts and banking when I did my own accounts and banking. He paid nothing towards a rental for his business.
Other things were double glazing, a new kitchen, flooring carpets wardrobes. However please do not forget the amount if he was paying half my utilitiy and household bills per month would come to an awful lot more than he has spent.
Clare he has no invoices unfortunately he was a cash in hand man alot of what he has paid for he has paid for in cash so it is all circumstantial. Nothing has been declared he claims £2,000. The Kitchen is 7 years old and is very poorly done, by 2 lads who were claiming doll and working because they got caught while they were working on the kitchen, need I say more. The man is a rogue, and a philanderer. The double glazing replaced stainless steel double glazing, as well which actually was better quality but not new. The new kitchen £1,000 again no receipts or invoices.
The only other thing was an ensuite which I paid for the porcelain and shower and shower unit so he hasn't even put that down. He ripped up my old patio and put a new one down again all paid for in cash again no invoices and he paid his son to do the work so nothing declared, problem is with all his work he can't prove it there is no paper trail. I do not he will go to court because he will have to prove everything surely and he can't it is all his work against mine. I am a parish councillor a school governor, a post mistress of 15 years. I hope a judge would believe me.
So i will eventually make an offer of £3,000 which is what we agreed originally. I do not believe he will go to court and I could make a number of counter claims i.e. business based here telephone hire accounts setting up his business for him advertising secretarial skills, all free of charge.Do you think i could keep it down