Savings when seperating- scared I will lose it all

RAS

Errata wrote: »

The OH isn't a tenant.

Unfortunately teawithmilk has

1. Given the ex sole possession of the property since she moved stuff out at the end of October.

2. Taken rent from him repeatedly.

So he could very easily insist that he is her sub-tenant. With all that means (like potential for cases of harassment, illegal eviction etc).

teawithmilk is going to have to do this legally with all the is dotted and t crossed.

twm - you have very very little time. Get hold of the EA today and ask them to send you a section 21 notice (and pray they get it right since their last e-mail suggests their understanding of the law is dodgy).

You are also going to have to give him formal section 21 notice to quit IMO.

Bear in mind that neither notice means he has to leave, and you will probably have to take him to court to get possession.

RAS

teawithmilk wrote: »

"If you are that reluctant to just keep things 'smooth' then just forget it No point trying to make it any clearer as I already have. Give them notice as soon as possible. Dont want to have to show people round. I'll sort somewhere out myself"
Thanks again xx

DO NOT GIVE NOTICE.

Yes I am shouting.

BY LAW, you are not required to give the EA any notice at all of a decision to leave at the end of the contract.

And by the way, if he has been on a DMP for 7 years, all the defaults will have dropped off his creidt record, although he could have CCJs more recently. Check out the Registry Trust on-line if you want although the fee is per address and I know you moved a lot.

LannieDuck

I think that sounds as if he might actually move out.

RAS

LannieDuck wrote: »

I think that sounds as if he might actually move out.

I really am hopeful after this last message; probably after badmouthing her to Dd and being a pain in the butt...........

twm, I would still usggest that you speak to the EA in person if possible and ask for a Section 21 notice.

Then do the same to your ex.

Otherwise, he can tell you he is moving and fail to do so and it could take MONTHS to shift him.

AS long as you do not give notice to the EA, you are safe.

RAS

teawithmilk wrote: »

So now I know he is not going to even attempt to contact the agency and I have to get him out. I have e-mailled my brother asking for his help. Dont know what he can do but he might be able to give me some moral support when he is back from abroad this weekend. I have e mailled my divorce solicitor and told her the situation and asked for some quick advice. She works in a large firm and they have experts in conveyancing and property.

I dont have the courage to phone the agency today. I'll sort it out tomorrow. Procrastinating again I know. But I need a good nights sleep as I was awake from 3.30am this morning.

Please contact Shelter and explain the mess to them.

They can advise if he is a tenant or excluded occupier (I think tenant legally as you are no longer married).

GobbledyGook

LannieDuck wrote: »

I think that sounds as if he might actually move out.

He may be viewing it as an excellent way to show TWM's unreasonableness. Leaving him, letting their DD miss contact, making him unnecessarily homeless etc... (In his mind I mean)

Fingers crossed for TWM he's playing that game rather than any other.

teawithmilk

He is delusional. He doenst know how hard it is to get decent rented accomodation as I have always sorted this out and just dragged him along when he could be bothered to look at places. He hasnt bothered ever taking any interest or helping with it so he doesnt know you have to go view lots of properties in order to get a decent one (he has no car) and sometimes end up having to get applications in very quickly to letting agencies if its a nice property and there are several people viewing. The last one I viewed (actually the one he is in now!) there were 3 people viewing the same day as me and I had to hot foot it to the agency with a cheque and application form to avoid the people viewing after me doing the same thing. Its a very competitive thing especially in the nice area where we live. Lots of young professional couple wanting to rent 'cos of the good schools.

Ive left a voicemail message for the lady at the agency to contact me.

msb5262

teawithmilk wrote: »

Ive left a voicemail message for the lady at the agency to contact me.

Well done TWM! Good stuff. I can see the steel coming out in you now!

RaspberryRipple

I've been lurking since you wrote your first post and I think you've done amazing well and achieved alot in a relatively short space of time.
I divorced my husband a couple of years ago, even though it was my choice it was the most stressful thing I have ever been through, not to mention the guilt I felt for my children so I can understand how you feel.

There were many times when I couldn't make a dicision about something because I was afraid it might be the wrong one so ended up procrastinating and not making any dicisions at all.

My ex, like yours was so angry with me that I had had the audacity to divorve him that he would try anything to throw a spanner in the works. That's why I too think you have to tread very carefully with the lease senario, as he could so easily cost you alot of money in rent/LL solicitors fees/court fees.

For what it's worth I think every dicision you have made since leaving your ex have been measureds ones and always with the thought of how it will effect your dd ( that's why I understand why you renewed the lease for your ex, not for him, but for how it would have effected your dd, too much change in a short space of time and possibly not seeing her father if he had to move further away)

I think you're a fantastic Mum, and hopefully you won't have to walk on egg shells for much longer regarding the lease, once that's all sorted you'll be free of him having any power to do you any 'damage' and that feeling is AMAZING!!!!!!

All the very best your happy & amazing future.

x x x

teawithmilk

Thank you. I did do it mainly for DD. Yes, I had stuff still in the house but that wouldnt have mattered in the end. Its just stuff. She was already upset that I had moved out, in her eyes I will always be the be who left "Daddy"...even though we were arguing ALL the time and she hated it and was starting to get very affected by it she still says that she wishes we were a "normal" family like her best friends.

She was starting high school this September- another stressful thing for her. I didnt want to add the stress of her Dad accusing me of making him homeless when she needed to be concentrating on making new friends and settling in and enjoying her new school.

I was also stuck between juggling that house and the other house that I rented short term to escape and also trying to buy a house (perhaps I shouldnt have taken that on but what the hell, its done now) and trying to deal with the onset of my mums dementia, visiting mum up to three times a day, up to twenty phone calls per day from my confused mum while I was at work, taking her meals, finding stuff she had lost, meeting the wardens at the sheltered housing complex to sort out the latest scrape that mum had got herself into - so many things happened in September/october that I just couldnt have coped with another thing without breaking down.

Now Im just going to have to step up and deal with it......