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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7049
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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Ex partner has just let my property without my consent. How

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Ex partner has just let my property without my consent. How do I remove the tenant from the property.
Customer: replied 3 months ago.
I am the sole owner of the property. I paid all the mortgage, service change, ground rent and estate maintenance charges.
My ex partner was an estate agent when I purchase the flat 17 years ago. I allowed him to manage the property initially, but he keep all the rent. Over the years the management of the flat has been a major disagreement as he refuses to let go or handover the money.
2 months ago the tenant who's been in the flat for 8 year moved out.I informed my ex partner that I do not want to let the property.
I2 days ago I received an email from him informing me that he has let the property through a local estate agent.Please how do I get the tenants out of my flat. I want to move in there early next year.
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello need some more info - you informed your ex of your intentions over the phone nothing in writing?

you say that you allowed him to manage the property initially? who is managing it now?

have you contacted the estate agents and told them its not available?

Customer: replied 3 months ago.
Thank you.
I informed him in writing severally that I do not want to let the property. I informed him in writing that I will do the letting and management of the property myself in my own time. Essentially, I was planning on moving into the property in early January 2018.He was managing it, collecting and keeping the full rental income since 2001. It been a major issue until the tenant who has been living there for 8 years vacated the property in October 17.As soon as they vacated I informed him to hand over the keys of the flat as I do not want to let it.I did not make contact with any estate agents as I did not expect that my ex partner will proceed to let the property without my consent.
I was also expecting that any estate agent he approached, would have carried out a due diligence check to establish the true owner of the property before proceeding to let it.
It was all a shock to read an email from my ex partner that he has let the property because he has a right to do so.

Thank you.

Did your ex-partner deal with the previous rental of the flat and the agent for you?

Have you spoken to the agent about this since finding out?

When did the tenant move in?

Have you ever lived in the property?

Why has he done this?

As much background as possible would be helpful please. Thank you

Customer: replied 3 months ago.
he dealt with the previous rents and tenants. But forcefully as he refused to relinquish the rental and management responsibility. I don't know the agents that he had used in the past.When I received the email which had details of the estate agents, I called them but was informed that it has nothing to do with them. I was asked to deal with my ex partner. I was informed that he told them he was the landlord and they prepared all papers on that fact. I do not think this particular agent agents have let the property previously.I believe the tenants moved in on 8th December 2017.Yes, I have lived in the property from 1997 to 2000. It was a right to buy property. I lived there with my ex partner.I believe he has done this for several reason - Firstly, he collects the rent and does not give any account of how it is spent so he wants to continue. Secondly, we are going through a divorce and working through the financial settlement, hence he want to take full advantage of the finances. Thirdly, our current home is being repossessed by Lloyd's bank (because he has secured a personal debt on the property). He may have let the property to stop me from moving into it which was my intention.Background Information.He was an estate agent at the time of purchase hence I asked him to deal with it. In 2001 he demanded that the property be sold or I buy him out. I valued the property. It was worth £48,000 .I took out a mortgage of £20,000 representing his 50% share in the property on a verbal agreement that he will relinquish his involvement in the property. He agreed. But after the money had been transferred to him he refused to handover the rent collection which was going straight into his bank account. This has been an ongoing problem todate.

Is he still collecting the rent and keeping it or is he giving it to you?

You refer to your ex-partner but then say that you are getting divorced. Is this a civil partnership or were you married?

Customer: replied 3 months ago.
he is still collecting the rent and keeping it.I have never received the rental income from the property from purchase to date. I am soley responsible for the mortgage, service charge, ground rent and estate maintanance.
He argues that he sometimes replace items in the property for the tenants. I am never consulted in the decisions he makes regarding the property.Sorry, about the confusion, We were married. We have been issued with decree nisi since last year but the financial settlement have been a major battle.

Thank you. Because of the various twists and complications here, I don’t really feel that I am best place answer this for you and hence, I’m going to opt out for another expert.

You don’t need to do anything because another expert with the necessary knowledge and expertise will pick it up when they are online

Customer: replied 3 months ago.
Okay, thank you.I am sorry if I have made the matter complicated. Essentially, I just wanted to know how I can get the tenants out of my property.I look forward to communicating with your colleague. Thank you.

You can give the tenant notice since the property is in your sole name. Should the tenant fail to leave you will have to apply to court for a possession order as against the tenant. This will leave your ex and the tenant to sort out any issues between them

If there are any further points please reply I will be happy to respond.

Kindly accept or rate my answer on the system so I get credit for my time.

Best wishes


Customer: replied 3 months ago.
Dear *****, thank you very much.
Please can a simple letter instructing the tenants to move be sufficient?
My ex will probably ask them to ignore any communication from me.
Please tell me more about the possession order from court.

A letter will do giving notice on the basis that you wish to occupy your property and the tenant is occupying as a trespasser.

Notice periods vary depending on what type of tenancy it is .

The application to court will need to be in the correct form and supported by a statement.

Given that this area of law is full of traps for the unwary and your situation is complex I would recommend you use a solicitor for this.

Best wishes


Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7049
Experience: BA honours degree in law, over 20 years experience in litigation, contract and property matters
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