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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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I jointly own a property with my ex partner. The property

Customer Question

I jointly own a property with my ex partner. The property is currently leased out and the tenancy agreement is between me alone and the tenant. My ex partner has now decided that he wants to sell the property but the lease that is in place does not expire until July next year. Can he serve a notice to quit on the tenant? Also, can he ask the bank to foreclose the mortgage?

Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If you both agreed, the property could be sold but it would have to be sold with the tenant in place. In other words you couldn't offer a purchaser vacant possession. The purchaser would have to buy the property with the tenant in place.

A sale would require the agreement of both of you, however, and if you didn't agree then he would have to ask the court to make an order for sale.

As far as repossession is concerned, if the mortgage account is up to date, a lender would have no interest in taking back the property.

Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.