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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
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Experience:  Moderator
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A current tenant has split up with their partner mid

Customer Question

A current tenant has split up with their partner mid agreement and has requested that the locks be changed. I can't see anything that covers this in the tenancy agreement drawn up by estate agent. I have a confirmation text from partner to say they have moved out.
Do I need to pay for the new licks or can I get tenant to pay?
Submitted: 1 year ago.
Category: Property Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for clarifying that for me.

The Law that relates to property for unmarried couples is the Trust of Land Act.

Even though the property is in your ex's sole name if you have paid the mortgage and have added value to the property through renovation then you will have a beneficial interest in the property.

If your ex renegs on any agreement that is reached then your recourse is to make an application to your local county court for a declaration as your interest in the property. You can also ask the court to consider making an order for sale to realise your interest in the property.

The form you need to do this is a Claim Form part 8 and the court fee is £280.

At your stage if matters can be agreed - perhaps make your ex aware that you will make a claim if he renegs.

If you make your correspondence as a Part 36 offer - then this will mean that you have leverage to seek your legal costs to be paid - if the current offer is less than what a court finally awards you. This is a tactic to get him to pay now rather than mess you around.

Let me know if I can help you further.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Hi. I'm the landlord it's not my ex. This hasn't answered the question of who pays for the locks to be changed - me the landlord or the remaining tenant.
Expert:  ukfamilysolicitor replied 1 year ago.

I am so sorry this response wasnt meant for your question. I am not sorry what happened there. I will opt out for you.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
please cancel this question