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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7650
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I at present have a property which is registered in my name

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I at present have a property which is registered in my name with the land register. It was transferred into my name by a ex partner. Who is now asking for the deeds to be returned to him.
Stating it was his family home.
I have allowed the expartner to stay in the property free of rent as long as he covers the bills there is no Morgage on the property and it is free hold.
Recently I noticed that the property had been placed on a rental register who I contacted and had the property removed. I am now concerned that my ex partner may try to rent it privately with out my permission. Also I am concerned what my rights are to remove my ex-partner from the property with regards ***** ***** and if I have wrights to enter to check condition and ultimately sell the property. I live in Scotland and we have completely different laws.
I also need to know if I am responsible to insure the buildings and contents and council tax.

Thank you for your question. I am a solicitor in Scotland. When and why was the property transferred into your name? When did you separate from your partner?

Customer: replied 1 month ago.
The property is in England the transfer
was done by an English Solicitor on the 6th of April 2016 and the title number is ***** at the Land. Registry in Coventry
It was transfered for tax reasons.
Separated in July 2016 although we did not live as couple we have never had joint houses or bank accounts and did not live full time together

Sorry as the property is in England I will opt out for an English expert to deal with this.

Customer: replied 1 month ago.
Ok do I need to re list this as I did state
Originally that the property was in England

You don’t need to relist it.

Hi

Thanks for your question.

Do you have any agreeement, written or otherwise about his occupation and the notice he should receive to vacate?

Kind regards

Tom

Customer: replied 1 month ago.
When I was asked for the deeds originally I said in a letter to his lawyer that I did not mind him staying in the house as he did not have anywhere to stay but my concern is that he is no longer living in the property
And I don’t know if bills or council tax is being paid and if something happened ie burst pipe if there is insurance cover
There are no agreements regarding notice

Hi

Thanks for your question. I will try to help.

If he is not occupying the premises at all then presumably no notice needs to be served to terminate his occupation (i.e. because he is not occupying it).

If you are the registered proprietor of the property then you are the owner and it would be sensible for you to protect the asset by arranging buildings insurance for it. If there is no buildings insurance and damage occurs then you would have to pay to have it repaired privately if you wished to maintain its value and your ability to perhaps sell it in the future.

Additionally, if there is a mortgage on the property which you took over (perhaps because you remortgaged it when it was transferred to you) then there will be a mortgage condition that you must insure the property. If there is a mortgage and you have not arranged insurance then you would be in breach of the mortgage conditions, which potentially exposes you to liability to the mortgage lender if the property suffers damage and they suffer loss. If you are the owner/registered proprietor of the property then I would arrange insurance and certainly if there is a mortgage on the property (in which case you should do it as a matter of urgency).

If the council tax has been changed to your name and is not being paid then you also need to check with the council. If it is in your name and not being paid then the council may attempt to get judgement against you for the debt. If they got judgement then this would affect your ability to get a mortgage in the future and would detrimentally affect your credit rating.

The position is the same with the utility bills, although if no one is occupying then presumably there are not considerably charges.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 month ago.
There is no Morgage on the property
Am I able to insure the property even though there may be an insurance policy already on it albeit not in my name also am I within my writes to enter the property and change the locks if they have already been changed by my ex partner

Hi,

If you are the owner of the property (ie. the registered proprietor of the registered land registry title for the property) then you can do all that normal owners can do. So, yes, you can arrange insurance and should do so to protect the property.

As to locks, unless there is some other agreement you have with your partner then you can change the locks. Frankly, I don't know how he managed to change the locks if he is no longer the registered proprietor of the property.

Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 month ago.
Thankyou for your assistance
Regards *****

You're welcome, Christine.

Please kindly leave feedback using the stars at the top of the page.

Tom

Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7650
Experience: UK solicitor holding an England and Wales practising Certificate.
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