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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4454
Experience:  Barrister at law
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I have a question concerning one of my properties. couple of

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hello, i have a question concerning one of my properties. couple of years ago my father bought an apartment in central london which for various reasons he put under my name. so on the papers i result as owner of it. until months ago i allowed the agency to transfer the money of the rent i was getting from it on my dad’s account. note that i haven’t signed anything myself from the agency. so they’ve been doing all that just out of spoken words let’s say. 2 months ago i needed to receive the money of the rent and so told the agency to contact the tenant and start transferring the money on my own account. firstly the agent wouldn’t agree on doing that without my fathers authorisation, which she shouldn’t even question me as IAM the legal owner, so then my father sent an email saying from that date they were supposed to send it to me. couple days ago behind my back he went and sent an email to the agent to start transferring the money back to his account. which the agent agreed on WITHOUT asking me or even informing me about it. i called the agent today and explained her i am the owner and she can’t do anything without my authorisation even tho until now she’s been dealing with my father.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
Assistant: Where is the apartment located?
Customer: canary wharf but how is that related
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 8 days ago.
also i would like to add, i am not underaged nor i was when he bought the apartment and put it under my name
Customer: replied 8 days ago.
basically i wanna know if they are legally allowed in any way to do that?? because to me, being the apartment under my name, it just doesn’t sound legal for them to do it! i mean, my father could even try and do it but the agent is doing something she shouldn’t! as the apartment is under MY name ONLY

 

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Was the apartment a gift to you or are you just the legal owner on paper - i.e. holding it on trust for your father (the beneficiary)?

Customer: replied 8 days ago.
it was gifted to me! he says becauSe it was a time in which he was feeling not healthy so he thought buying me an apartment was good idea

OK. Then this is your property, the rent money should not have been going to your father in the first place. You have been effectively gifting the money back to him, and you are free to choose to do this/ not to do this.

As long as there is no formal understanding about you agreeing to pay the rent back to your father in return for the gift of the property, you can stop this at any time. A gift is a gift - without conditions.

Can I clarify anything?

 

Customer: replied 8 days ago.
sure! that’s what i thought! but the agent keeps on doing stuff behind my back, in fact She sent another email back to him confirming she was going to switch account. can i legally sue her for that?
Customer: replied 8 days ago.
under which legal terms i can talk to her and warn her that what she’s doing is wrong?

You are the legal owner, you have a (albeit verbal) contract with them - they will be in breach of contract and breach of their duty to you. You would look to bring a case for breach of contract and/ or breach of duty. You confirm your clear instructions about where the rent should be deposited and advise that if they fail to do this there will be a letter arriving from your solicitor in due course.

Hopefully it won't come to that. But if you do need a solicitor to write to them, then you will find one here:

https://solicitors.lawsociety.org.uk/

I hope this assists.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

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