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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been issued with claim by landlord rent. property was

Customer Question

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Customer: i have been issued with claim by landlord for unpaid rent. property was joint venture between us, he only on deeds me put rx1 restriction. he asked for x to go on tenancy as rent to oost his rental incme to help refinance hi sother properties. verbally we agreed y amount a lot les. i put in defence and counter claim. have had to wait for police report unlawfull eviction and council order for hazard repairs to be done. now i have new docs i need to ammend defence and counter claim. to seek damages/compensation for several days could not gain access to roperty and as he did not do repairs my belongings were damaged by collapsed ceiling. also i paid him mortgage arrears and he did not pay the btl mortgage cmpany so i am going to sue him for lost profits, n244 needed to amend counter claim and defence, neither of us are using solicitor. advice be great thanks
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Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Do you have anything in writing regarding your joint venture?

Do you have evidence you paid the mortgage?

Customer: replied 1 year ago.
HiYes I have a joint venture agreement in writing 50% we both pay for costs and 50% profit to be shared.JV partner stopped paying mortgage, kept the half mortgage I was paying him, hous eis to be repossessed receivers appointed.How do i secure my 50% of the profit after receivers sell the property? N244 form? Wording to use please, and how will I know when property sold its a BTL so rreceivers need no court order to repossess, i have moved out of property.Do i write to the lender stating my beneicial interest in property (they can see my RX1 restriction on property at land registry) and ask them for 50% of net profit from sale or do i seek court order and on day property is sold (how do i find this out, land registry alert system prop sold?) threaten the JV partner with statutory demand for bankruptcy so that he pays my 50%?Yes i have bank statements showing my half of mortgage payments.
Customer: replied 1 year ago.
Also deed of trust signed by myself and JV partner stating 50% of profit to me, so i need to kno whow to quickly protect my interest when the receivers sell property and to ensure best price ( i had 2 independend Estate Agent valuations recently), best way to get JV partner to pay my half profit quickly is statutory demand bankruptcy?
Expert:  Ash replied 1 year ago.

Ok - is the claim due in Court?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
JV partner has put in for false claim of unpaid rent.not in court for my 50% of net profit, wont know net profit til property is sold by receiver but there is 5 figure sum of equity in property
Expert:  Ash replied 1 year ago.

OK - then you can file a defence saying you are 50% owner.

If you can document what has been said and indeed you paying the mortgage then you cant be evicted for rent arrears.

Indeed you have a legal interest in the property, which means a share.
If you have a share you cant be evicted for rent arrears.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
the hous eis with receivers and is being repossessed, do i write to mortgage company to say i have 50% ownership and rx1 restriction on land registry. How will i find out when property is sold as has 5 figure equity in it half of which is due to me. I not on title deeds and not on mortgage, so how do i protect my 50% ownership and get my money off my joint venture partner within hours of him receiving the proceeds of the sale from the receiver who appointed by the lender mortgage company? thanks
Customer: replied 1 year ago.
Are you based in United Kingdom and property lawyer familiar with english property law? thanks
Expert:  Ash replied 1 year ago.

Well the issue is, if it is being repossessed even if you have a legal interest, if the mortgage has not been paid then they are still entitled to possession. They have a first secure charge. You cant stop them if that is the case. All that can happen in that case is you either pay off the arrears or if the property is repossessed you have a claim on any balance after the mortgage has been repaid.

I am a Solicitor in England and Wales. Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
thanks for answer.How do I get my 50% profit after property sold?
Expert:  Ash replied 1 year ago.

You still haven't rated my answer although I gave it two weeks ago, that means the site does not pay me for all the time spent with you.

You would need to approach the bank and ask for it. If they don't give it to you, then you have to sue them

Does that clairfy ? Alex

Customer: replied 1 year ago.
Sorry Alex the advice was poor and your attitude was poor. You have a poor grasp of property law.
Expert:  Ash replied 1 year ago.

What else would you like to know and I can assist. Alex