Having a problem with Landlord's ex!

MonkeySaving?

Kick her hard, in the ovaries. Then nuke her from orbit.

Brainache

Thanks again everyone for your commets.

We met with the LA yesteday who agreed that the 'notice' as given in the letter was invalid, and that a proper section 21 would need to be served to be official. They are going to seek legal advice on thier position as they have not come across this one before, surprisingly enough...

They did however suggest that they might have to give us offical notice anyway, 'while the issue is sorted out', which is a right ball-ache! That's the easy route for the LA and will probably result in the LL's estranged partner occupying the disputed property - hardly acting in their client's interests!

We'll try to see the CAB tomorrow.

MonkeySaving? wrote: »

Kick her hard, in the ovaries. Then nuke her from orbit.

Ha! :shocked:

Gold_Shogun

Brainache wrote: »

They did however suggest that they might have to give us offical notice anyway, 'while the issue is sorted out', which is a right ball-ache! That's the easy route for the LA and will probably result in the LL's estranged partner occupying the disputed property - hardly acting in their client's interests!

You may find it "to your personal advantage" to point to the LA that they COULD be held liable by the LL **IF** they give a Tenant Formal Notice WITHOUT the LL's authorisation .... The same would apply **IF** "the LA were unwise enough" to allow anybody else (namely the ex-partner) to take possession / occupation WITHOUT Absolute Proof that they might be entitled.

... Just offering a little free & friendly "wooden spoon" advice from your neighbourhood Stainless Steel Rat.

:beer:

lotto-dreamer

Just a thought - do you have proof that her name is on the title deeds? If so, in what capacity does she hold the property i.e. do they hold it as "joint tenants" or "tenants in common" (the latter would restrict sale without permission of the other owner)?

This can easily be established for about £3 by getting Official Copies from the Land Registry http://www.landregistry.gov.uk/ (fill in postcode on right hand side of the site - this will bring up details of what you need to do)


Once you have the Official Copies, check the "Proprietorship Register" - see if she is actually on the deeds and therefore is a co-owner and particularly if any restrictions apply. What you are looking for is a phrase which basically means that the sale of the property cannot be undertaken without the consent of someone else e.g. the other co-owner (your landlord).

The Official Copies will also tell you who the lender is.

Not sure if this helps but it could give you the basic facts to check her rights to sell.

Brainache

Quick update: Saw the CAB, they didn't know the legal situation and will look into it. We're also expecting to hear from the LA tomorrow. I downloaded the title info from the Land Registry site and it turns out the the ex is a joint owner - there was nothing in the Proprietorship Register stating rights to sell.

It's looking more like we'll have to move But, we can turn it to our advantage and take the opportunity to downsize a bit. Some enforced life-laundry! It'll help us save more towards a deposit for our own place too.

Brainache

Dragging this thread up from the deep with an update.

Advice has now come through from the CAB. They suggested that although we might have a case based ono the fact that the ex is not on the tennancy agreement it is more likely that, under the Housing Act definition of 'Landlord', the ex has the right to serve us notice. That is unless there is some reason why she would not be allowed to live there if there were no tenants.

LA have tried to make contact with LL but have had little success. The LA's attitude is that they don't want to get involved and want to wash their hands of the whole thing. Thanks, that's really helpful... :mad:

So it looks like we'll be moving at some time in the forseeable future. One question that remains is over the validity of the notice - can anyone point me to an accurate resource on section 8 / section 21 law please?

olly300

Brainache wrote: »

Dragging this thread up from the deep with an update.

Advice has now come through from the CAB. They suggested that although we might have a case based ono the fact that the ex is not on the tennancy agreement it is more likely that, under the Housing Act definition of 'Landlord', the ex has the right to serve us notice. That is unless there is some reason why she would not be allowed to live there if there were no tenants.

LA have tried to make contact with LL but have had little success. The LA's attitude is that they don't want to get involved and want to wash their hands of the whole thing. Thanks, that's really helpful... :mad:

So it looks like we'll be moving at some time in the forseeable future. One question that remains is over the validity of the notice - can anyone point me to an accurate resource on section 8 / section 21 law please?

http://www.opsi.gov.uk/acts/acts1996/1996052.htm#aofs

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21---section-21---notice-requiring-possession-of-an-assured-shorthold-tenancy.html

I'm not surprised the LA doesn't want to get involved it's not worth their time or money.

And to be honest I would get out asap and ensure I got my deposit back leaving the LL and their ex-partner to fight over the property.

Brainache

Yeah, we're kinda coming round to that position aswell...

Debt_Free_Chick

Brainache wrote: »

We met with the LA yesteday who agreed that the 'notice' as given in the letter was invalid, and that a proper section 21 would need to be served to be official. They are going to seek legal advice on thier position as they have not come across this one before, surprisingly enough...

My interpretation of the situation is as follows.

YOU have a contract with the LL - the LL is the person named on the contract. If the ex is not named, then she has no rights in relation to the contract and you can ignore anything she says/does to interfere with the contract.

Edit: just seen your latest post. It's look to be quite complex, legally. Your best bet is to start to find somewhere else and move out under your own steam.

She may have some claim on ownership of the property. But this is a matter between her and the LL - again, nothing to do with you.

If she wants her share of the property, she will need to sort this out with the LL. If that means selling the property, then she and the LL will need to do that and the LL will need to serve the appropriate notice on you to quit.

Of course, selling is not the only way for her to get her money. The LL could raise finance e.g. by remortgaging this property to pay her off. If he did this, there is no reason why your tenancy should come to an end - but, of course, the LL always has the option to end the tenancy, subject to him following the correct process.

She is a joint owner - is she the joint LL? If not, then raises some interesting thoughts about the validity of the tenancy agreement. Can one owner let the property as LL without involving the other owner? For the moment, that's not your problem - it's still a matter for the LL & ex to sort out between them. Who knows what they might have agreed in the past?

HTH