Just received letter from solicitor - Advice please

Xeno

Hi,
Just received a letter from ex-partners solicitor, I am unsure as to whether or not it even warrants a response.

Quick back story - Split about 6 months ago, rented apartment out, no problems, tenant paid on time etc. Lease ends, no new lease is forthcoming, somehow my ex-partner has now convinced the tenant to pay her (it's her freind), thus she pockets the difference (I was paying the entire amount towards the mortgage to clear the balance) Anyways, I have served notice on the tenant (Her lease had ended anyway), and have a new one ready to go in who will pay me. The solicitor letter says:

Solicitor wrote:

We have been instructed by your ex partner xxx, in relation to the property xxx. We understand the property is held in joint names.

We enclose a valuation our client has obtained confirming the current market price of the property is £80,000

(The attachment clearly states it is not a valuation, but that my ex has asked them to test the market at that price. Similar properties are around £110/120k)

Solicitor wrote:

We also enclose mortgage statement confirming outstanding balance of £118k.

We understand there is currently a tenant in the property whose rent payments are meeting the mortgage each month. However out client is aware you have unilaterally served notice upon yyy without her prior notice or consent

(I was under the impression either of the joint tenants could serve notice)

Solicitor wrote:

Our client requires confirmation as to how you will meet the monthly mortgage payment if there is no tenant in the property. Our client requests that you reconsider your unilateral action and confirm yyy is able to remain in the property in order that the mortgage will be paid and the property not reposesed.

Usual solicitor garb about seeking my own advice.

So:
1. Have I done anything wrong? (Legally, not morally!)
2. Do I, and should I, respond to this letter?

I am at pains to get a solicitor.

chickmug

Not too sure of the right advice for you but suggest CAB is worthwhile.

But one thing I will say is do not be intimidated by a solicitors letter. Many do and make a bad judgement. But it sounds like it could be an acrimonious situation for you and hope someone can give more advice soon.

tbs624

If you are joint LLs either of you can effectively serve notice on the T, but as the property/mortgage is in joint names you should have formally notified your ex-partner of what you were doing (regardless of her own behaviour over the rent).

Do you own the property as joint tenants or as tenants in common, and if so in what percentages? How much equity do you have in the property?What is the state of the property market locally? Could you afford to buy your ex out?

My own response would probably be to write formally, thanking the solicitor for his/her letter, confirming that you have given the current T notice, confirming (factually without any emotional "describing" words) that your ex-partner had failed to notify you of a change in the way in which the rent was paid by the current T/failed pass on rental payments to help cover the mortgage on the property, and confirming that you have a new T lined up which will enable you to cover the related costs to the benefit of both parties (keep a copy) Seek your own qualified advice first though: you can get a fixed fee appointment with a solicitor and it would be worth your while to do so. If you are on a low income try here first.

If the two of you have definitely split up you will need to formalise everything relating to this property, not least because you are both obliged to account to HMRC for the rental income.

Of course the ex-partner's mate/your current T may scupper your plans in the short term by simply staying put and forcing you to go to court to regain possession.

On a separate issue, have you arranged consent to let with your mortgagor to afford any new T a measure of protection?