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  • FIRST POST
    • superhez
    • By superhez 14th Mar 17, 6:53 PM
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    superhez
    Getting ex partner out of house - help!
    • #1
    • 14th Mar 17, 6:53 PM
    Getting ex partner out of house - help! 14th Mar 17 at 6:53 PM
    Hi there, hope someone here can give some advice, sorry it's a bit of a long story.

    My husband owns a property (not the one we live in) which he used to live in with his ex partner and her son.

    When they split up he moved out and allowed her and her son to stay in the property on the understanding it would only be for a year till they could find somewhere to go.
    This was three and a half years ago and they are still there.

    The mortgage is in my husbands name only, his ex and her son have been paying this (interest only) and the bills. We are now in a position were it is getting close to the repayment date for the mortgage so we need to sell the property and we advised his ex of this at start of the year and asked for them to be out the property by end of March.

    Unsurprisingly they have come up with many excuses why they cannot, they are now saying to get a council house my husband must sent an AT6 and give them another 2 months from when this is sent to move, however this is for a landlord which as far as I am aware he is not, there has never been a tenancy agreement and he has never made any money from them staying there.

    Does anyone know where we stand and how we go about getting them out, in case it makes a difference for the law we are in Scotland.

    My husband has let them stay out the goodnes of his heart and has even given them money (I know he's mad) to help them move out!
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
Page 1
    • BrassicWoman
    • By BrassicWoman 14th Mar 17, 6:55 PM
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    BrassicWoman
    • #2
    • 14th Mar 17, 6:55 PM
    • #2
    • 14th Mar 17, 6:55 PM
    they've been paying interest on the mortgage = rent = tenancy exists, I think!
    May GC £215/£50 (oops)
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    • superhez
    • By superhez 14th Mar 17, 6:58 PM
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    superhez
    • #3
    • 14th Mar 17, 6:58 PM
    • #3
    • 14th Mar 17, 6:58 PM
    so if there is no tenancy agreement in place where do we stand, they have been given dates to leave several times and not done so, we even offered to let them buy the place for only the remaining mortgage but they could not get a mortgage.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • silvercar
    • By silvercar 14th Mar 17, 7:05 PM
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    silvercar
    • #4
    • 14th Mar 17, 7:05 PM
    • #4
    • 14th Mar 17, 7:05 PM
    The ex may have some rights over the beneficial interest in the property as (a) she has been paying the mortgage, (b) they were living there together.
    • superhez
    • By superhez 14th Mar 17, 7:06 PM
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    superhez
    • #5
    • 14th Mar 17, 7:06 PM
    • #5
    • 14th Mar 17, 7:06 PM
    It is the son's housing benefit they have been paying the mortgage with as he doesn't work and she only works part time, not sure if that makes a difference.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • superhez
    • By superhez 14th Mar 17, 7:07 PM
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    superhez
    • #6
    • 14th Mar 17, 7:07 PM
    • #6
    • 14th Mar 17, 7:07 PM
    Oh forgot to mention he has also offered to give them 50% of any profit (although he's probably given them most of that already)
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • Pixie5740
    • By Pixie5740 14th Mar 17, 7:09 PM
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    Pixie5740
    • #7
    • 14th Mar 17, 7:09 PM
    • #7
    • 14th Mar 17, 7:09 PM
    If there's no written tenancy agreement then I assume there's no AT5 meaning that if she is a tenant then she has an Assured Tenancy.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 14th Mar 17, 7:11 PM
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    Pixie5740
    • #8
    • 14th Mar 17, 7:11 PM
    • #8
    • 14th Mar 17, 7:11 PM
    How was the mortgage being paid? Was she paying the money directly to the lender or to him and then he paid the lender?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • superhez
    • By superhez 14th Mar 17, 7:13 PM
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    superhez
    • #9
    • 14th Mar 17, 7:13 PM
    • #9
    • 14th Mar 17, 7:13 PM
    The son's housing benefit was paid to my husband who then paid the mortgage, which I think may be our problem. The son did ask him to sign something years ago for the housing benefit and stupidly my husband didn't take much notice, but I'm assuming this makes out that he is the landlord who the housing benefit is being paid to.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • Pixie5740
    • By Pixie5740 14th Mar 17, 7:20 PM
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    Pixie5740
    Your husband sounds like an idiot. I'm guessing that he has not fulfilled any of his obligations as a landlord. For example, if he has not been registered with the local council as a landlord then he's committing a criminal offence letting that property out. All it takes is for the ex or her son to call Shelter Scotland for some advice.

    If the ex and her son want a council house and are asking your husband to evict them property then he's going to have to evict them properly. If he doesn't know how to go about this then he needs to contact the National Landlords Assosiation, Scottish Association of Landlords or a solicitor.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • sparky130a
    • By sparky130a 14th Mar 17, 7:30 PM
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    sparky130a
    Not helpful ( That's me apparently)

    But what a mess. Legal advice needed.
    • superhez
    • By superhez 14th Mar 17, 7:41 PM
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    superhez
    Your husband sounds like an idiot. I'm guessing that he has not fulfilled any of his obligations as a landlord. For example, if he has not been registered with the local council as a landlord then he's committing a criminal offence letting that property out. All it takes is for the ex or her son to call Shelter Scotland for some advice.

    If the ex and her son want a council house and are asking your husband to evict them property then he's going to have to evict them properly. If he doesn't know how to go about this then he needs to contact the National Landlords Assosiation, Scottish Association of Landlords or a solicitor.
    Originally posted by Pixie5740
    Yes, I agree (and believe me I have told him this). However he was viewing it as a separation where he allowed her to remain on in the property out of the goodness of his heart.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • Pixie5740
    • By Pixie5740 14th Mar 17, 7:56 PM
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    Pixie5740
    When the son was claiming HB was that paid directly to your husband by the council?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • superhez
    • By superhez 14th Mar 17, 8:02 PM
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    superhez
    When the son was claiming HB was that paid directly to your husband by the council?
    Originally posted by Pixie5740
    It was but dh thinks it seems to have changed and now comes directly from the son.

    Looks like we will have to go down the AT6 route.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • Pixie5740
    • By Pixie5740 14th Mar 17, 8:15 PM
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    Pixie5740
    Yes I think he will need to go down the eviction route. I strongly suggest he contact one of the landlord associations I mentioned earlier or engages a solicitor. He doesn't want to eff this up.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • superhez
    • By superhez 14th Mar 17, 8:16 PM
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    superhez
    Yep, going to try and get a solicitors appointment tomorrow, thanks Pixie5740, trying desperately to remain calm here and not say, told you so!
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • zebulon
    • By zebulon 14th Mar 17, 9:11 PM
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    zebulon
    It was but dh thinks it seems to have changed and now comes directly from the son.
    Originally posted by superhez
    Surely he can tell exactly where the money on his account is coming from, or am I missing something.
    • superhez
    • By superhez 14th Mar 17, 10:07 PM
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    superhez
    Surely he can tell exactly where the money on his account is coming from, or am I missing something.
    Originally posted by zebulon
    I need to get him to check his acc but not here at the moment , he say's it has changed from saying council to the son's name but not sure if that is just a reference that is on the money coming in.
    April wins: Family txts to Edinburgh Zoo tanning lotion 2 x teen books Book Kids shoes
    • NYM
    • By NYM 14th Mar 17, 11:13 PM
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    NYM
    To be able to claim housing benefit I assume the son must have shown a Tenancy Agreement to the Council. How old is the son?
    • cashbackproblems
    • By cashbackproblems 14th Mar 17, 11:41 PM
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    cashbackproblems
    Was there no divorce agreement?
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