Ex wants to sell our property

Amazonia_2

elsien said:

You can safeguard the tenants by alerting the relevant authorities.
 They didn’t have to have gone so long with all the issues; they could have got advice from CAB, gone to environmental health; found somewhere else to live.  

 If they are so vulnerable then the council would have a duty to help them, and quite frankly they sound like they’d be far better off well away from the place. 

elsien said:

You can safeguard the tenants by alerting the relevant authorities.
 They didn’t have to have gone so long with all the issues; they could have got advice from CAB, gone to environmental health; found somewhere else to live.  

 If they are so vulnerable then the council would have a duty to help them, and quite frankly they sound like they’d be far better off well away from the place. 

davilown said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

Hang on, aren’t you the owner of a property that’s being rented out? Surely you’re a landlord as well now?
if this has been like this for year, why haven’t you done anything about it? You can’t say you didn’t know or you forgot as you knew about the leaking roof for 9 years.
surely it’s now in the best interest of your tenant to have a new landlord who will take their responsibility serious and look after the property?

davilown said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

Hang on, aren’t you the owner of a property that’s being rented out? Surely you’re a landlord as well now?
if this has been like this for year, why haven’t you done anything about it? You can’t say you didn’t know or you forgot as you knew about the leaking roof for 9 years.
surely it’s now in the best interest of your tenant to have a new landlord who will take their responsibility serious and look after the property?

I'm the joint owner but not their Landlord (unfortunately).  My ex let the property without my knowledge.  He and his wife are Landlords.  They created and signed the tenancy agreement and receive all the rent. I only found out three weeks ago.

He's vehmently told me it's not my concern.

Regarding the roof.  I saw a slipped roof tile once.  I moved abroad - didn't return.  Never imagined that my ex wouldn't adjust the tile back into place. Rainwater flooded through and destroyed the roof timbers over a period of 10 years(?).  He watched water leaking through the roof/ceilings and just popped a bucket under it for years.  It was only repaired three years ago.

Amazonia_2

Lover_of_Lycra said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

How are you going to make your ex meet his obligations as a landlord? 

What about the tax situation? I doubt your ex has registered for the non resident landlord scheme and I’ll bet the tenants haven’t been defecting the tax from the rent and declaring it to HMRC either.

I've given my ex a long list of things he has to do.  Applying pressure to make him comply.  Hopefully shame him.  I've advised Lender, contacted local council, informed HMRC, spoken to Shelter.

He definitely hasn't declared rental income as non-resident Landlord.  Not sure what you mean by tenants and tax?

Amazonia_2

GDB2222 said:

I’d negotiate a higher figure and run.

He refused to even consider it.  It's all got to be on his terms.  Not sure what he can do though.  He can't even market the property without my consent and ID proofs.

[Deleted User]

Amazonia_2 said:

Lover_of_Lycra said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

How are you going to make your ex meet his obligations as a landlord? 

What about the tax situation? I doubt your ex has registered for the non resident landlord scheme and I’ll bet the tenants haven’t been defecting the tax from the rent and declaring it to HMRC either.

I've given my ex a long list of things he has to do.  Applying pressure to make him comply.  Hopefully shame him.  I've advised Lender, contacted local council, informed HMRC, spoken to Shelter.

He definitely hasn't declared rental income as non-resident Landlord.  Not sure what you mean by tenants and tax?

If a non resident landlord hasn’t registered with HMRC on the non resident scheme then the tenants are meant to deduct the tax from the rent. 

https://www.gov.uk/tax-uk-income-live-abroad/rent

If you’re a beneficial owner of the property, and you appear to be as you want to claim a share of the equity, then you might want to consider your own tax position regarding the rent regardless of whether you’ve received it or not. 

Amazonia_2

Lover_of_Lycra said:

Amazonia_2 said:

Lover_of_Lycra said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

How are you going to make your ex meet his obligations as a landlord? 

What about the tax situation? I doubt your ex has registered for the non resident landlord scheme and I’ll bet the tenants haven’t been defecting the tax from the rent and declaring it to HMRC either.

I've given my ex a long list of things he has to do.  Applying pressure to make him comply.  Hopefully shame him.  I've advised Lender, contacted local council, informed HMRC, spoken to Shelter.

He definitely hasn't declared rental income as non-resident Landlord.  Not sure what you mean by tenants and tax?

If a non resident landlord hasn’t registered with HMRC on the non resident scheme then the tenants are meant to deduct the tax from the rent. 

https://www.gov.uk/tax-uk-income-live-abroad/rent

If you’re a beneficial owner of the property, and you appear to be as you want to claim a share of the equity, then you might want to consider your own tax position regarding the rent regardless of whether you’ve received it or not. 

He doesn't live abroad -  he moved from England and now he lives in Northern Ireland.  I live abroad.

He doesn't need to register as a non-resident Landlord.

Amazonia_2

Amazonia_2 said:

Lover_of_Lycra said:

Amazonia_2 said:

Lover_of_Lycra said:

Amazonia_2 said:

Caz3121 said:

Since you don't want to sell the property, are you in a position to take on a mortgage and buy him out. Although you may want to consider the costs and regulations of being an overseas landlord

I live and work overseas but it's not permanent.  Home will always be the UK.  We have family and property here.  I have someone in the UK who does our admin etc.

I don't want to sell because I want to safeguard the tenants and make my ex meet his obligations as a Landlord.    I haven't lived/worked in the UK for 10 years, so have no credit rating etc to take on new mortgage.
It's complicated but have to figure out a solution that suits everyone.

How are you going to make your ex meet his obligations as a landlord? 

What about the tax situation? I doubt your ex has registered for the non resident landlord scheme and I’ll bet the tenants haven’t been defecting the tax from the rent and declaring it to HMRC either.

I've given my ex a long list of things he has to do.  Applying pressure to make him comply.  Hopefully shame him.  I've advised Lender, contacted local council, informed HMRC, spoken to Shelter.

He definitely hasn't declared rental income as non-resident Landlord.  Not sure what you mean by tenants and tax?

If a non resident landlord hasn’t registered with HMRC on the non resident scheme then the tenants are meant to deduct the tax from the rent. 

https://www.gov.uk/tax-uk-income-live-abroad/rent

If you’re a beneficial owner of the property, and you appear to be as you want to claim a share of the equity, then you might want to consider your own tax position regarding the rent regardless of whether you’ve received it or not. 

He doesn't live abroad -  he moved from England and now he lives in Northern Ireland.  I live abroad.

He doesn't need to register as a non-resident Landlord.

If you’re a beneficial owner of the property, and you appear to be as you want to claim a share of the equity, then you might want to consider your own tax position regarding the rent regardless of whether you’ve received it or not. 

Thank you.  I'll definitely look into that.  It's all a huge learning curve.

greatcrested

Look - this is clearly a mess with everyone involved abdicating their responsibilities!

* your ex has mis-managed the tenancy and almost certainly broken many tenancy laws and regulations, including (i suspect) tax law.

* you have abdicated your own responsibilities as joint owner for years. Claiming your were 'abroad' is no excuse. I lived in China for 5 years and let my flat out. I kept in touch with the tenants, directly and via an agent, and made sure everything was kosher. And this was back in the 1980s before email, and when a phonecall from China involved booking it 2 days in advance, waiting 3 hours to get connected, and 9 times out of 10 getting cut off (whether by telecoms failures or the Chinese  'Foreign Affairs Bureau' I could never know).

* your tenants have failed to act in a 'tenant like manner' as contractually required, allowing leaks and other damage to continue and worsen. There are clear mechanism for tenants to get repairs done.

Just sell the bl**dy property. At whatever price you and ex can agree. And accept whatever equity you and ex can agree.

If you end up with less than you feel you deserve, well, that's partly your fault for a) remaining financially tied to an ex all this time and b) failing to manage your own property.

If the tenants buy the property, great.

If the tenants get a new, better landlord, great.

If the tenants get evicted, well, that's life, and they are going to be well shot of a cr*p house and a cr*p landlord.

Aspiration

MFWannabe said:

I’d take the 10K and walk away 
although I’d have separated properly 9 years ago 

On these numbers I’d take the £10k and move on. Reduce exposure to risk and be happy. 

oldbikebloke

from the tax perspective:
- you are joint owner of a property.
- a tenancy agreement has been been formally documented naming your ex as LL

The key question then is did you divorce before or after that tenancy?
Just because you are a joint owner (and thus "beneficially" entitled to a  share of the sale of that property) does not automatically mean you are similarly entitled to a share of the rent in terms of your own personal income tax liability provided you are not married to the named LL/ co-owner.

Unmarried owners can split rental income anyway they want for tax purposes, including 100 him, 0 you.
For married couples the tax position is different, hence the relevance of the divorce.

MFWannabe

greatcrested said:

Look - this is clearly a mess with everyone involved abdicating their responsibilities!

* your ex has mis-managed the tenancy and almost certainly broken many tenancy laws and regulations, including (i suspect) tax law.

* you have abdicated your own responsibilities as joint owner for years. Claiming your were 'abroad' is no excuse. I lived in China for 5 years and let my flat out. I kept in touch with the tenants, directly and via an agent, and made sure everything was kosher. And this was back in the 1980s before email, and when a phonecall from China involved booking it 2 days in advance, waiting 3 hours to get connected, and 9 times out of 10 getting cut off (whether by telecoms failures or the Chinese  'Foreign Affairs Bureau' I could never know).

* your tenants have failed to act in a 'tenant like manner' as contractually required, allowing leaks and other damage to continue and worsen. There are clear mechanism for tenants to get repairs done.

Just sell the bl**dy property. At whatever price you and ex can agree. And accept whatever equity you and ex can agree.

If you end up with less than you feel you deserve, well, that's partly your fault for a) remaining financially tied to an ex all this time and b) failing to manage your own property.

If the tenants buy the property, great.

If the tenants get a new, better landlord, great.

If the tenants get evicted, well, that's life, and they are going to be well shot of a cr*p house and a cr*p landlord.

Exactly this 🙌
Very well said 👍
why on earth anyone wouldn’t want to sell is beyond me