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Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I remortgaged my house in 2008 and it is now on a buy to let

Customer Question

I remortgaged my house in 2008 and it is now on a buy to let (IT was worth £300000 and I only had £60,000 now it is £20000).With the money raised I obtained marital home, it is tenants in common I put in £235000). I married in 2009 and he rather than sell his house we remartgaged it as a buy to let. At the time he had poor credit and it was my credit that got the property. He had mortgage on 70% and housing association had 30% The total value of his house was £250000, with mortgage of £90,000 on £175000. We remortgaged on £180000 paid off the association, did the house up as it was in dreadful state, and rented it out.
My husband did the management of property very badly, tenant was late with rent and left it with damage and filthy dirty.
What I didnt know is that he was going to let it out to his son, on housing benefits, with sons girlfriend (and her daughter)already done for benefit fraud, her brother recently out of jail for GBH . AST tenancy, which I have not signed or seen. Benefites to son £850 month and rent topped up by others to £1300. No deposit no invantory. Naturally I was not happy so my husband moved in as well. I hav epaid for the mortgage arrears on property, as my husband would not. Somr rent is now coming in,but my husband has put the money in his account. The police ave been to property because of drugs, and I have been accused of getting them out. No one seems to care that it is wrong.
I have been informed that it is an illegal tenancy because of family in house, our mortgage company has told me tenants must go. I beleive they will tell council or have investigated already, as they would have to have checked before making the acussation. My husband is on contract work, after being out of work for 13 months, where I had to pay all bills if buy to let money did not cover. MY income is form my buy tolet and my business. I bought my business patner out just over two years ago, on the basis that i knew the buy to let would help pay the home bills and our mortgage at home to. I will not have a wage for a while as I am just being paid loan repayment from my purchase by my business.

So there is benefit fraud, overcrowded house, and my husband completely taken in by lazy drug addicts. Can I have some advise here, I dont think he can buy me out, I think he may owe me money, and the mortgage company are very unhappy. I have paid everything for the past few years becuase my husband had bad money problems and depression as well.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends
Do you have a specific question?.
Customer: replied 4 years ago.

Sorry I cant find your answer

Customer: replied 4 years ago.

Ive tried asking for tenancy agreement to see if my name is on it, will not give it to me, ive tried asking him to be reasonable and think what he is doing,ive tried to get him to come home as he is going to get into trouble, but he is being influenced by his sons. I know that there would be a case against him in court DWP if he doesnt come to his senses. I am aware that as jont owners we are both liable. I run a physiotherapy company and could loose my licence if he doesnt come clean, so can i get to ttske over mortgge on basis of his mental health and stupidity? or is there a hope that I couldget to be soal signiture on rental info etc?

Expert:  James Mather replied 4 years ago.
This is what the DWP call a “contrived” tenancy. They will not allow children to claim benefits if the father or the mother or a close relative is the landlord. If you report this to the DWP they are likely to want all the benefits back from when the they moved into the house.
If the property is in joint names and he will not transfer it into your sole name, then you are only remedy is to apply to court for an order for sale, to compel it to be sold. You can ask the court to award costs against him if he refuses to agree to sell.
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Customer: replied 4 years ago.

Thank you for your reply. My husband will propably say he had to move in becauseI didnt agree with the tenancy. The mortgage company alone does not allow tenancy to family even if we are not in property our selves. Will they investigate through the council and other records i.e. council tax, post etc They have told me it is illegal and that we have to get tenants out, or what will they do. ?

I can see that the tenants will not move, they will blame me for telling the mortgage company, although I did not, the mortgage compnay told me, so how would they have found that out. It had gone to prearrears, before this latest insident.


Can the tenant sue for a fraudulant tenancy, if presuming the dwp are unaware that my husband is in the property?

Expert:  James Mather replied 4 years ago.
I am just travelling to work but will get back to you as soon as possible.

Thank you for your patience, there is no need for you to reply.
Expert:  James Mather replied 4 years ago.
The lender will not investigate things unless you raise the issue with the lender. Remember that if the property is in joint names, you are also in breach of the mortgage conditions because you are allowing it to happen although I accept that your husband is ignoring you! However that is a business problem between you and your husband which you need to resolve between you and is not an issue for the lender.
Ultimately, they can charge penalties or they can take the house back because if it is a buy to let mortgage, they can actually appoint receivers (without a court order!) To manage the property. I will tell you that once LPA receivers are appointed it is very difficult to get the property back even if there are no arrears.
Some lenders are not bothered provided the mortgage is paid and completely up-to-date and there have never been any arrears and others really do not like breaches of mortgage conditions.
If your husband has moved into the property and he has his daughter living with him then by no stretch of a very vivid imagination issue entitled to any benefits in respect of housing because she is then simply a guest. In actual fact whilst the situation of a contrived tenancy is bad enough, if she continues to claim benefits, it is even worse.
With regard to you being blamed for telling the mortgage company, I think you have to tell the mortgage company. I think you are under a duty to do so. I also think that you were under a duty to make attempts to evict the daughter either because the tenancy has come to the end of its term or because she is in arrears of rent.
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Customer: replied 4 years ago.

thank you for your answer. My husband is in the house with his son, his sons girlfriend and her brother , plus a 4 year old. I have tried to encourage mt husband to be honest but we have had a letter now from the moertgage company that has infromed us they know that he is in the house, and that there is family there. I talked to them and they say that we have to make efforts to get a propertenancy, or the house will have to be remortgaged as residential. The martgage company has said they do not do LPA receivers.

So my probem seems to be the tenants are his relatives, they take drugs, work while on benefits and he is there to. He has just told me to stay out of it. Furthermore he is now taking the tenancy money and therefore I am not getting the income from the property that I am entitled to.

Appartently they have had a council intervention, but I do not know what that is.


What is my next step. Because I am only joint owner.


I do not think my husband can get a mortgage on property as he is not working on full time but on a contract with an agency and he not paying tax. He had bad debts at the property ewhen we met and I think that they may still flag up on a credit check.

Expert:  James Mather replied 4 years ago.
I am away from my desk at the moment. I have seen your reply and I will get back to you as soon as I have a keyboard in front of me. No need to reply to this post. Thanks
Expert:  James Mather replied 4 years ago.
I am going to opt out of this for another expert to consider. Please do not reply or it comes back into my inbox. Another expert will pick it up at some stage. It is now open to all experts.
Expert:  Nicola-mod replied 4 years ago.

I've been working hard to find another 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!
Customer: replied 4 years ago.

Im fine to wait the more info I get the better, thank you

Expert:  Nicola-mod replied 4 years ago.

We will continue to look for a Professional to assist you.

Thank you for your patience,
Expert:  Clare replied 4 years ago.
I am afraid that as a joint owner of the property your husband is entitled to live there and have any family members there that he wishes.
Yes this is breach of the Mortgage Terms which means that the Mortgage Company will no doubt increase the Interest rate in the near future.
There may or may not have been benefit fraud - but if there has that is a problem for his son - not for your ex or for you.
Your only way of resolving the issue is by applying for a sale of the property using Property law - however of you do he will no doubt issue divorce proceedings and get this property dealt with within the financial side of divorce proceedings
Customer: replied 4 years ago.

I was quite astonished by your answer, my husband and I have had a letter saying we cannot live in the property under the mortgage terms and that we wil recieve further emails to that fact,at this point in time neither of us can afford to buy off the other as my husband is only on contract and I am self employed having receently purchased my business from my business partner I do not have two years accounts of note.

The mortgage company has also pointed out to me that an AST is not valid, i.e. is void.

Expert:  Clare replied 4 years ago.
That is a matter of a contract term between you and the mortgagee - they may decide to start repossession proceedings based on this - they may not - it is a Civil contract matter.
It does not mean that legally your husband cannot live in the property - simply that doing so is in breach of your current mortgage terms - legally in PROPERTY LAW as a joint owner he is entitled to live there and to have as many members of his family live there with him as he wishes.
The fact that he lives there does indeed make the AST void but that is irrelevant as he is entitled to have them there as his guests.
Whether or not he can buy you out is not relevant - you will recall that the extent of the matrimonial assets makes it unlikely that he will have to pay you anything