Forcing my ex to sell the house

theartfullodger

mrjack wrote: »

Thank you very much - very useful advice here!

The new tenants have just moved in, so are bound to a 6 month contract, ending on 1st April. So we could serve section 21 notice 2 months beforehand for them to be out.

A section 21 notice does not end the tenancy nor require tenant to leave: It merely permits landlord, on expiry, to apply for a possession order through the court. A few more months to get them out if they chose, as they are entitled to, to stay.

Many s21 notices are invalid due to daftness by agent or landlord.

Have you read the **free** Shelter booklet, 48 pages, on relationship breakdown & housing? It covers your position & briefly what to do...
http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

Are you both named as landlord on the tenancy agreement? AFAIK only a named landlord can evict, regardless of who owns the property.

Both been declaring rental income (all of it..) to HMRC??

Pixie5740

I don't understand why she's worried about losing her dad's deposit money. I assume her father isn't on the mortgage or deeds so gifted the deposit to her/pair of you. Anyway if there's £60k of equity and this gift was £35k it won't be lost. Was a declaration of trust ever drawn up?

Your ex will probably need to get a BTL mortgage if she wants to continue letting the property out but that's for her to sort out. If she can't/won't buy you out then definitely look into forcing the sale.

mrjack

theartfullodger wrote: »

A section 21 notice does not end the tenancy nor require tenant to leave: It merely permits landlord, on expiry, to apply for a possession order through the court. A few more months to get them out if they chose, as they are entitled to, to stay.

Are you both named as landlord on the tenancy agreement? AFAIK only a named landlord can evict, regardless of who owns the property.

Both been declaring rental income (all of it..) to HMRC??

Yes, I realise that S21 does not end the tenancy but is a stepping stone in case of issues. We are both the named landlords (like I said - everything, except the deposit, is 50/50).

We have both been declaring income through self-assessment via a tax advisor.

mrjack

Pixie5740 wrote: »

I don't understand why she's worried about losing her dad's deposit money. I assume her father isn't on the mortgage or deeds so gifted the deposit to her/pair of you. Anyway if there's £60k of equity and this gift was £35k it won't be lost. Was a declaration of trust ever drawn up?

Your ex will probably need to get a BTL mortgage if she wants to continue letting the property out but that's for her to sort out. If she can't/won't buy you out then definitely look into forcing the sale.

She's a very difficult person to deal with. Doesn't help her being a psychologist where every statement gets turned on its head and "analysed". :mad:

The problem is, her dad gave "us" 50k but only 35k went towards the mortgage. So, actually, she's saying she doesn't want to lose 50k... the remaining 15k went towards stamp duty and solicitors' fees but this was split 50/50 between us. But in my eyes, it's only the 35k - deposit cash - that she should really be worried about. And has no cause to.

Cissi

If her Dad gave you £50k to buy the house it seems to me that she should get the first £50k of equity and you split the rest, regardless of how the gift was used.

Pixie5740

Cissi wrote: »

If her Dad gave you £50k to buy the house it seems to me that she should get the first £50k of equity and you split the rest, regardless of how the gift was used.

It was either a gift or it wasn't.

The OP hasn't said whether there was a declaration of trust drawn up or not. If not then the OP could potentially for for a straight 50/50 split but they're not.

Regardless of how the proceeds are split you'd still want to get the property sold so that you can both move forward with your lives.


Edit: Not to mention that £15,000 is a lot of money for solicitors fees and SDLT for a property that was in the 1% SDLT bracket so what else was that £15,000 used for?