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2 existing tenants, 1 wants to move out & 1 wants to stay

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  • Tracey011268
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    Just a bit more info. I am now re married and retired.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    Hi, my ex wife and I still jointly own my ex marital home. She is living in it on her own. We are tenants in common, what I need to know is, can I sell my half of the property, or can I insist that the house gets sold if she doesn't agree, as I want to go and live my twighlight years abroad.
    Just a bit more info. I am now re married and retired.



    1: start your own thread
    2: probably should've sorted this when you divorced
    3: Is it still mortgaged?
    4: Yes you can force a sale - typical cost is 5-10k.
  • Tracey011268
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    Sorry, first time on a forum. Didn't know. Yes, I probably should have sorted it out when I divorced but didn't, hence me asking the question now.
    Thanks for the information anyway.
  • G_M
    G_M Posts: 51,977 Forumite
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    If you can find anyone willing to buy your half, and co-own with your ex, then yes - you can sell.

    Or simply sell it to your ex.

    Failing that, pursuade her to sell and split the proceeds.

    And failing that, force a sale though the costs, though this is slow, expensive, and stressful.
  • movinghelp
    movinghelp Posts: 276 Forumite
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    Thanks for the feedback. I would be willing to let her stay on and take sole tenancy but she would need a guarantor as she wouldn't be able to afford it on her own. To be honest I just thought she would prefer the three month break but I'll give her both options. I know it would be easier for me to re-rent the whole property by she's a good tenant and I want to try and see if there's another solution first.
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
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    Chrysalis wrote: »
    A credit check is not an affordability test, so I am not sure why landlords carry out a credit check when they not providing credit (rent paid in advance not arrears).

    So personally I think the checks are excessive even tho I know its common in the renting sector.

    I would agree to the cooling off period, and do a affordability check (bank statements, proof of income). If you are awkward you risk looking for 2 tenants instead of 1.

    a good credit rating is generally an indication someone is a good person and pays there bills on time.

    With current tenant protections in place a landlord would be an idiot not to do a credit check, someone with ccjs coming out of there ears are a far bigger risk
  • movinghelp
    movinghelp Posts: 276 Forumite
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    I've had a good read of http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4 but just want to check my understanding is correct.

    If at the end of the fixed term tenant 1 wants to stay they can serve no notice and the day after the fixed term ends they roll onto a periodic tenancy?

    If tenant 2 wants to leave they just need to be out on the last day of the fixed term and again need to serve no notice?

    If I want to ensure they both leave on the last day of the fixed term I would need to serve a 6a form giving them 2 months notice?
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