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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I jointly own a property that was rented out without my consent

Resolved Question:

I jointly own a property that was rented out without my consent or knowledge. The tenants have come to the end of there fixed term agreement and I want to move into the property. Can I ? I have no contract with the letting agent or tenants.
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Who rented the property please? Was it your co-owner?

Customer:

Hi Joshua

Customer:

oops, yes my grandfather

Joshua :

Thanks. Have you discussed the issue with your grandfather? Is there any form of trust deed between you both to set out ho owns what share in the property?

Customer:

I have tried to discuss the matter but he now refuses to speak to me ! There is no trust deed or anyform of agreement between us. As far as I am aware, as per the mortgage agreement its 50/50

Joshua :

Thanks. Have you sought a copy of the tenancy agreement or confirmation that you are not named on the same from the agents?

Customer:

I havent directly asked, i have sent the agents numerous emails and letters but they do not respond. Is it worth directly (visiting there office) asking for a copy ?

Joshua :

thanks. The first question is to ensure that you are not named on the tenancy agreement. The agents may refuse to give you a copy of the tenancy agreement on the basis that you are not a party to it and therefore it is a breach of the data protection act however I can confirm to you whether you are party to the tenancy agreement because if you are, you are entitled to a copy of it and their only excuse for not giving you one is because they confirm you are not a party to the same

Joshua :

if you are a party to the tenancy agreement, you can require the agents to serve a notice to quit as by extension the act as agent you as well as your grandfather. A number of other issues would also arise with regards XXXXX XXXXX lack of consent in being named on the tenancy agreement but I will leave these to one side for the present.

Joshua :

your principal dispute would appear to lie with your co-owner grandfather. As co-owner, you are entitled to a share of profits from the property including rent. If you have no tenancy agreement, the starting point is that you are entitled to a 50% share in the property as you suggest 50% share of profit made from the rent. How you proceed depend upon your goal. If you wish to realise your share in the property, you can consider application to the court to order your grandfather to buy out your share all that the property is sold as well as a claim for your share of profits. If on the other hand you are content for the property to continue to be rented out then you could issue proceedings for recovery of the rent you believe is owed

Joshua :

if you wish on the other hand to move back into the property, you can issue claim for possession against the tenants County Court if you are not named on the tenancy agreement. If you are named on the tenancy agreement then you can still issue a claim for possession however need to first ensure that section 21 notice is served upon them giving them two months notice to leave and then issue a claim for possession at the same time instructing the agents that you are a legal co-owner of the property and they may not issue any further tenancy agreement without your consent

Joshua :

if you wish to move back into the property, you will need a possession order first from the County Court as you cannot simply enter the property and remove tenants without a court order even though you did not consent to the tenancy. As a co-owner, subject to the above, you have a right to occupy the property however in such circumstances, your grandfather could demand that you pay 50% of the market rent to him representing his share of the property similarly, your grandfather has the same rights as you in terms of realising his share the property if you cannot agree on matters going forward with the same and can seek a court order as above you that you buy out his share in the property or otherwise are property is sold

Customer:

My main intention is to live in the property. Although a profit is being made by my Grandfather I want no part of the profits made. I have read about section 21 notices. So my first action will be to determine if I am on the tenancy agreement, if I am, section 19. If I'm not action a possesion order at the county court ?

Joshua :

if you are a party, a section 21 notice will need to first be served which the agents can do can do yourself to do so. If you are not a party, simply ask the tenant to leave on the basis that you did not authorise the tenancy agreement and if they refuse, apply for a possession order in the courts

Joshua :

is there anything above I can clarify for you any further?

Customer:

Thats a great help Joshua, thank you, XXXXX XXXXX anyway I can contact you at a later date?

Joshua :

Yes certainly. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though. This will also save the thread to your account and it will be available from your customer home page on the justanswer site.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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