Ask an Property Solicitor. Get an Answer ASAP.
There were a lot of voluntary undertakings relating to housing I presented in person at the principle registry and decided after reading the draft order not to give any voluntary undertakings because they were not offering me an immediate clean break. So the order is very short.
1. Pension sharing ( in her favour )
2. Nominal maintenance of £1 p/y for life
3. Respondents capital claim, pension and income order stand dismissed
4. Applicants capital claims, pension and income are not dismissed
5. No order for costs under further detailed analysis
So essentially all my claims against her are dismissed but all her claims against me are left open but there is no mention of housing.
I've asked previous questions on housing but essentially there is a mortgage backed by a loan from an offshore bank. The interest on that loan is at HMRC's benefit in kind and get's repaid when the property is sold so it's in effect deferred.
I presented this case in person so I have a fair understanding of it. Yes she can go back at any time, the issue she has is that the situation will be the same except I understand the system pretty well now.
There are two options available.
1. A nominal yearly tenancy agreement for ex-wife and kids and a regular rental agreement for partner / husband at 50%.
2. I terminate the mortgage immediately and the bank will reposes the property and either set their own terms of occupancy or send the bailiffs to recover their property.
I am very generously in my view offering to allow my ex-wife to live in my house for several years for free however I want some legal agreement in place to govern that I really think that is in the interests of everyone involved.
9 so I'm looking at having the tenancy running for at least 9 years but maybe 12 if she is at university. I want the tenancy to run for a year and be renewable in case there are any issues that I can't foresee but it's fully my intension to provide housing for the ex-wife and children until they leave school or university. Beyond that I don't plan on making any housing provision for my ex-wife which would also be the intension of making it yearly renewable so as she doesn't inadvertently acquire some rights to stay which would then have to be dealt with by repossession and bailiffs.
I had thought the same as in there could be some aspect that I didn't know about relating to housing but then I thought that given the ancillary relief proceedings went on for nearly three years and she was fully represented if there was something that they could of done to force housing security for their client they would have done it by now.
Your right I don't want to just open up another can of worms however the point is that I am on good but not controlling terms with the managers at the offshore bank that hold the mortgage and I think that they must have realised that I'm not messing around when I say if there are issues I will terminate the loan the house will be repossessed and because the mortgage with the off shore bank is backed by an off shore company that is then backed by an offshore trust who don't care if they can't resell the property because it's been ordered to be transfered as they will just rent it out for the next 100 years. I'm not that fussed if the house does get repossessed and the offshore bank does set their terms as they will be surprisingly similar to what I'm suggesting it's more a convenience factor that they charge to manage the situation whereas I can deal with things like repairs or other issues myself but it's a matter of a few thousand a year with the result being less hassle for me but I will try to deal with this myself.
So at the moment she is there on I think it's called a "bare licence". I stated in writing to her that I'm happy for her to cohabit or remarry and her partner / husband to live there as long as he pay's me 50% of the assessed rent in a separate rental agreement and he should contact me and I'll get it organised with him. This point is non negotiable. I would like to for her sake as well as mine to define legally her occupancy status in a renewable tenancy agreement which is basically what my question is, what should it be called and how should it be structured as there are plenty of online sites that will create them for you but you need to know what to plug in.
This is effectively a new question but I've already described the situation so I'd like to tag it onto here.
It turns out the application for an occupation order was adjourned and never actually implemented.
So I'm now in a position where my ex-wife lives in my property under what I think is a bare licence. I would like here to sign a licence to occupy which would lay out basic things such as what she is responsible for and what I am responsible for and importantly it would recognise that she is there as a tenant and give an end date.
She is not communicating with me currently so I've asked her to reply by a certain date.
If she doesn't reply then is it possible for me to apply to court to ask them to intervene and possibly sign it on her behalf. The alternative is that the bank repossess the property which is not so bad an option for me as at least it's the end of a potentially on going headache but it will cost some money for the bank to get the situation all setup how they want it which will in the end involve some licence to occupy she will have to sign or leave.
I've spoken with the bank and they have said the same as before, they are happy to repossess and then they will decide what the licence to occupy will be and it would then be upto my ex to decide if she was happy to accept the terms or leave.
The downside of doing this is that it will cost a fair bit of money for them to do that.
So I'm back to trying to get this done myself for the next few weeks before I give up and let them take over. If I want to apply for an occupancy order on her behalf as in there needs to be some legal agreement that regulates her occupancy which form would I need to send to the court and is this the only way of doing this given I want her to live there with the children but my preference is to have a licence to occupy that she agree's to and signs.
I've not really explained the situation properly, I have spoken with the trust managers who provide the loan guarantee to the bank and they are happy to continue to provide the guarantee. So the bank will repossess the property and then approach independently my ex-wife and ask if she would like to continue to live at the property during the children's ( also beneficiaries ) minority but she will have to agree to a licence to occupy with the bank if she is to stay.
She currently won't cooperate on getting repairs done to the property.
I want her to recognise that this is for a limited time as in until the children are adults.
So if we have an agreement of how her occupation is going to work, potentially I can hand it over to a rental agency and then I don't have to deal with her at all. As it is at the moment she is so random and basically does this I think for attention that it would cost a lot to pay some agent to deal with her. Getting an agreement in place would at least be a framework that she could understand what really quite limited things will be expected of her to continue living there.
It also means that she would be clear that she can't go an knock a wall down or do some alteration to the property that may damage it's value without my consent.
No she has not threatened to make alterations.
Yes I am responsible for repairs but when I arrange for a builder to come and do the repairs she just tell's them they can't enter.
The point is that it's gong to be a number of years before the kids are adults and I don't want to deal with her on this, I need to have an agreement on how things are going to work, hand this off to an agent who then manages the situation as per the agreement.
I appreciate this sounds bizarre as in surely we could have some verbal agreement on this but she is the kind of person who will create some crisis or drama out of nothing because that's how she likes to live her life which is fine, I divorced her and she can live her life as she likes but I don't want it affecting me any-more.
Yes there are internal repairs that need to be done, I've gone through the process of hiring builders and they've generated invoices etc and then at the last minute she just stops it.
I also don't think I'm being unreasonable but the tricky things is legally what is the best way to go about getting a licence to occupy in place. I'm happy to present in person and fill out the correct form to get it started but I'd like some guidance on which is the best way to achieve the goal as it seems like it's a situation that fall's between the cracks as normally the ex-husband is probably trying his best to get the ex-wife out of the property and she is trying to stay in whereas with this situation I'm trying to get her to stay in the property but just define the basis that she is able to do that so as it doesn't expose me to loss through trashing the place and make the property secure and habitable for her and the children.
Yes I have I'm not sure if they are acting for her any more, I have asked and I've sent an email asking if she will sign a licence to occupy and copied her lawyers in but have not received anything back.
If she just won't sign and her solicitors don't engage I would like to in the mean time send her a letter stating that she should infer no rights from me temporally allowing her to stay in my property.
Is there any specific format for sending this type of letter and should I use a process server to serve it on her so as there is some court recognised notice that she has received it.
I can then figure out with the bank the best way forward.
Thanks for the reply.
When you say "a formal letter" do you consider an email to be formal or do you mean a letter that is served on her by a process server as I think we've already got past the point where she has refused entry and I want to move onto applying to the court for an order allowing me to visit with a builder.
When you say a letter should be sent informing her that she should infer no rights from me allowing her to stay, should this be served on her and is there a particular way it should be written or followed or can I just write and tell her that specifically.
When I've sent her letters in the past by recorded delivery she just doesn't accept them, I've used a process server in the past and that seemed to work pretty well, cost me a bit but at least it got the job done. Is this what you mean, so a physical paper letter and then use a process server ?
This is a new question so please charge me but it's basically the same situation.
I gave a few years ago a general undertaking that I would not return, enter or attempt to enter my property.
I now need to enter the property up to a maximum of four times a year and I will give 48 hrs notice to inspect it and to organise people to carry out remedial work.
I initially sent in a C2 but the court has refused this because the original undertaking was not an order from the court. They then told me to seek legal advice on how to go about applying for a variation to this undertaking to allow me to carry out remedial work.
Cost mainly I don't want to have to pay for an agent. I have offered that if she was happy to pay for an agent and the work then I would not need to come in but I haven't heard anything back.
The other thing is that when I asked the builder to do the work because I was not able to be with him and diagnose what the problem was and authorise the work he wanted money up front.
When the builder was due to come around she refused them entry so I want to just be able to organise a time with the builder and know for sure that I'll be around there at the time and if necessary go through it with them.
There's no reason why I shouldn't be able to enter my own property, I want her to feel safe and comfortable which is why I am saying I'll give written notice and I understand that you don't want your ex coming into your house nosing around and I wouldn't allow her into my house but it's just the situation and unless she is willing to pay for it then I don't see any other way.
Agreed, what I've decided is instead of doing this I'm going to sell the house in two years, not tell her obviously and when it's sold if she wants me to provide a different smaller house she can agree to a licence to occupy or she can make her own housing provision, I think this is more than fair of me.
I don't really care if she does as at least then there might be some regulation over how she is going to occupy the property and who is responsible for what and for how long, at the moment it's just nothing which is why it cannot continue and frankly I think a judge will view it in the same light.
I have also thought about applying for an occupation order under section 35 for her but then I just thought it's easier for me to sell the property without her knowledge then just present the situation as do you want to do it my way in which case I will help or she can do it her way in which case I won't.
Both the children's act and section 35 occupation order can't be forced on me because of the way the mortgage is granted and maintained.
Your wrong on this and to be fair to you that's because you do not have all the facts available because I haven't given them all to you.
I asked a very general set of questions because I was not actually sure of what exact question I needed to ask, I am now and I've got the solution that I need and I thank you for your input.
Thanks and yes I am aware of it.