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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Hi My ex-husband and I own a house in Wales, the tenancy has

Resolved Question:

Hi
My ex-husband and I own a house in Wales, the tenancy has been severed. The rent is around £400 per month. We agreed that he would keep all the rent (from last September 2013). He promised to send a letter confirming that the rent due to me would be repaid to me eventually either from his estate or on the sale of his other flat (in which my son now lives. He hasn't sent the letter and, I am sure, has no intention of doing this.

What can I do? Can I force the sale of the house? The difficulty is that I live in London and also that he will then put pressure on my son to sell the flat he lives in (my ex is short of money). Any advice would be appreciated. Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. I believe that what your arrangement was was a contract. Your husband appears to be in breach of that contract and therefore I suggest you are entitled to write to him saying he hasn't kept to his word and therefore you want half the rent from now on, paid monthly, and you want the back rent from September. Tell him that if he won't agree, you will sue him. If he agrees - problem solved. If not, you could sue for the outstanding rent, and / or you could apply to court for an order to force a sale if he refuses to agree to a sale. You'd need to convince the court that your need to sell outweighs your husband's need to keep the property. If he chooses to make life difficult for your son, then there's probably little you can do about that - it is a risk of escalating a dispute. Best, WB
Customer:

Hello,

Customer:

yes, that's sensible. He won't agree to pay the back rent, he's got no money. He used to work in insolvency, and so,s

Customer:

knows all the tricks. I think he knows there's very little I can do without jeopardising my son's position. Thanks for the advice, I'll write to him formally, see what happens.

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