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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10259
Experience:  I have been practising for 30 years.
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Dear Advisor What is the legal position re rent received by

Customer Question

Dear Advisor
What is the legal position re rent received by one party for a joint property on a buy-to-let mortgage, being withheld by that one party and not paying the mortgage therefore causing arrears and not being shared with the other party at all? Is that illegalor jsut unfair?
I appreciate your help
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

If a mortgage is in joint names, regardless of whether it is residential, commercial, or buy to let, both parties are jointly and severally liable for the whole mortgage debt to the lender.

If one party pays the whole mortgage and the one agreed to pay half of the mortgage but doesn’t, the paying party can recover the other half from the nonpaying party.

If the nonpaying party was the one who got the mortgage statements and simply did not share the fact that the account was in arrears, that is unfortunate rather than illegal.

Can I clarify anything for you?

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Best wishes. FES.