Can ex rent out our jointly owned property without my permission

GwylimT

Be careful as well, as joint owners you are both subject to HMRC on the rental income.

If someone else was paying your mortgage you would need to give written permission and received confirmation in the post. Why were you happy for the property to be wrongly rented to friends in the first place?

AdrianC

jjlandlord wrote: »

The LA does not hold any personal information about OP, unless she starts providing them with such info, so £10 for a SAR would just get her a nice letter stating exactly that.

In fact, I'm surprised that the LA didn't refuse point blank to provide the requested documents on the basis of Data Protection.
That said, they do seem a bit dodgy...

Indeed. Somebody rocks up, with a story about how their ex has done them over, and it's so unfair... how do the LA know this person really does have anything to do with anything?

laurajinx

Thanks again for comments and advice

At the time he moved out and into his dad's I contacted him, a solicitor and our mortgage co to find out how I come off the mortgage as he refused to sell and was told I couldn't due to his financial situation ie not working and being in arrears and only way forward was to sell. He refused. I couldn't force a sale as didn't have loads of expendable income. I understand how mortgages work and understand I am liable for payments and arrears - this was not a question I needed help or advice on.

At the time I wasn't asked if his friend could move in, I was told he had but as the mortgage was finally being paid I didn't mind. There were no contracts in place, no landlord insurance etc and as far as I was aware his friend was paying the cost of the mortgage no more no less.

I now find out its all being done through a letting agent with contracts in place, insurance will now be void, our mortgage company have no clue and they LA don't have my permission to let it out so I'm shocked that they have. I'm also surprised that it would be breach of data protection to release documents regarding my own property??? If I am not allowed to sell the house without his permission, nor would I be able to obtain credit against the property without his permission or do anything else without his permission then how can he???

Thanks for comments re HMRC too I hadn't even thought about that. I've just looked into this and although you an offset costs of mortgage interest and other things even if you don't owe tax it still has to be declared in a SATR :-/ I'll get on that next.

Thanks again, I have all the advice I needed and will take the advice of my solicitor tomorrow.

AdrianC

laurajinx wrote: »

I'm also surprised that it would be breach of data protection to release documents regarding my own property?

The documents contain relate to contracts which you are not party to, and contain personal identifying information which you have no right to. There is no reason for you to have them. The opposite is true, though - you need to prove your stake in the property to the agent. That should then prevent them re-letting the property without your permission, as should the knowledge that the lender has not given consent to let (again, you will need to prove this). Only the landlord - as named on the contract - can serve notice on the tenants and end the tenancy, though.

If the contract is void because of your stake in the property is another question - that would be one for legal advice.

Do you know if the current tenants are still on a fixed term AST or a periodic? That will affect how quickly they can be served notice.

Remember - the tenants are the innocent party in all this mess...

laurajinx

AdrianC wrote: »

The documents contain relate to contracts which you are not party to, and contain personal identifying information which you have no right to. There is no reason for you to have them. The opposite is true, though - you need to prove your stake in the property to the agent. That should then prevent them re-letting the property without your permission, as should the knowledge that the lender has not given consent to let (again, you will need to prove this). Only the landlord - as named on the contract - can serve notice on the tenants and end the tenancy, though.

If the contract is void because of your stake in the property is another question - that would be one for legal advice.

Do you know if the current tenants are still on a fixed term AST or a periodic? That will affect how quickly they can be served notice.

Remember - the tenants are the innocent party in all this mess...

Definitely!! I feel sick for the tenants and would ensure that any notice stated in the contract as agreed by him would be stuck to. They have apparently been living there for nearly 3 so it's been their home for a long time and they are the 1s to be the most affected by anything going forward.

The LA sent me the current tenancy agreement which was a 12 month letting due to end May this year. The notice he has to give them is 2 months. This for me is fair and we could get the house on the market and get the ball rolling in that time.

I have sent a letter to the LA containing a copy of the title register showing my share in the property and the mortgage company have passed the issue to their administration team - I am waiting to hear back from them.

Thanks for your advice

AdrianC

laurajinx wrote: »

Definitely!! I feel sick for the tenants and would ensure that any notice stated in the contract as agreed by him would be stuck to. They have apparently been living there for nearly 3 so it's been their home for a long time and they are the 1s to be the most affected by anything going forward.

Here's another thought. Can you and ex stop fighting/ignoring each other for long enough to actually work together, and continue to rent the house out - but jointly, with CtL and proper insurance in place?

The LA sent me the current tenancy agreement which was a 12 month letting due to end May this year. The notice he has to give them is 2 months. This for me is fair and we could get the house on the market and get the ball rolling in that time.

DON'T put the house on the market - or, if all else fails - get started on the forced sale legalities - before you know the tenants are out and the place is in saleable order. Yes, it means you'll have to cover the mortgage between you for a few months, but better than that find you need to evict the tenants or they've trashed the place, and a sale falls though as a result.

lonestar1

Dont forget that as neither of you have used the property as your primary residence for some years that any increase in value over that time may be subject to CGT

AdrianC

lonestar1 wrote: »

Dont forget that as neither of you have used the property as your primary residence for some years that any increase in value over that time may be subject to CGT

But, of course, if that is the case, then there'll be equity in the place in excess of the tax due.

In addition, each person's CGT allowance is ~£30k/year. So, ignoring any other gains they might have made (negligible, by the sound), they'd need the property to have increased in value by two people x seven years x £30k = £420,000 or more for either to have any CGT liability... If it's gone up half a million, then there's 18% of £80k to be paid between the two, so each person would need to pay £7,200 out of their quarter of a million likely equity, more if it was a repayment mortgage or there'd been a deposit...

laurajinx

AdrianC wrote: »

Here's another thought. Can you and ex stop fighting/ignoring each other for long enough to actually work together, and continue to rent the house out - but jointly, with CtL and proper insurance in place?


I understand what your saying but I want to sever all ties from ex and have a fresh start. I would eventually like to get a small property for myself and my daughter but while I have this house with him I'll never be able to fully move on.

My parents are selling 1 of their 2 properties and want to give me and my siblings the money to put down on a place of our own and I wouldn't want to while o am financially attached to him and his bad credit and debt.

I have decided I will definitely get the solicitors to start the process for forcing a sale. As he doesn't use the property as a roof over his head and as there are no children living there the order of sale should be granted. If I win the case he could also be liable for the costs from his share of he equity. I don't even want money from the sale I just want to be free of it and him. There wouldn't be much left over anyway once the mortgage was paid and the secured loan we'd be lucky of there was a couple thousand left over.

laurajinx

Ps - I would definitely make sure everything was sorted with LA and tenants first.