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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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My partner owns one buy-to-let property with his ex partner

Resolved Question:

My partner owns one buy-to-let property with his ex partner and one buy-to-let property with a friend (whom he no longer has much contact with) but he doesn't have any original paperwork because his ex partner kept all the documentation when they parted a number of years ago. How can he find out whether he owns these properties as tenants in common or as beneficial joint tenancy? Also, depending on how he owns these properties, can he "force" a sale? Many thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You can do a search against the properties concerned at HM Land Registry. If there is a Form A restriction in the register, it will be a tenancy in common. See para 2.2 of this: http://www.landregistry.gov.uk/public/guides/public-guide-18

tdlawyer :

He could sever the joint tenancy (if it is that) at any time though by serving notice saying that upon the other owner.

tdlawyer :

He can always apply to the court (irrespective of how he owns the properties) to force a sale.

tdlawyer :

This would be done under the powers in the Trust of Land and Appointment of Trustees Act 1996.

Customer:

Thank you. When you say he could apply to the court to force a sale, is that generally quite an onerous/expensive route?

tdlawyer :

It can be expensive and time consuming, yes, but it does depend on which solicitors you use and how much they charge. I would have thought, an average figure/cost would be about £6000 or so to do.

Customer:

Golly gosh! One last question if I may (please let me know if this is one too many questions for the fee I've paid!) - with regards XXXXX XXXXX rental income from the property he owns with a friend, does he have a legal position to stop this friend giving a quarter of the excess rental income (after the mortgage is paid) to the ex partner who is not on the mortgage (this ex partner put £12,000 in as a deposit when they were "a couple" and the friend and the ex partner have decided between themselves that they will pay her back from rent rather than have it returned when the properties are due for repayment in 2020, as was always the agreement)? Many thanks for all your assistance.

tdlawyer :

It's okay - I'm happy to answer this part for you too:) In short, it depends on what agreement (if any) they have between them about the rent split. It might be that, aside from the property ownership issue, there is a partnership business here too, which is then conducted in accordance with the laws of partnership. Normally, unless there is an agreement to the contrary, the entitlement to profits (i.e. rental profit) is 50:50, and both would be equally entitled to it.

tdlawyer :

It gets a bit more complicated than that, but this is the essence of it.

Customer:

Fab thank you! There wasn't ever a formal agreement other than two friends owning a property together which has been slightly marred by the split of my partner and his ex and the friends staying friends with the ex rather than my partner! So, they have decided to cook up this totally new arrangement behind his back and present it as a fait a complete! Anyway, I'll sign off now and submit my feedback - which will be 'excellent service'! Many thanks.

tdlawyer :

Thank you very kindly :) Have a great day!

Customer:

You too!

tdlawyer :

:)

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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