SMF - Just Installed!

Take heed from our rental property disaster

Started by winford, August 11, 2014, 01:07:29 PM

Previous topic - Next topic

winford

This is a tale of greed and lies and just what little the law does to support individuals like myself and my wife. It is also a plea for help for any experiences or suggestions of other forum members as we are now at our wits end.
Around 7 years ago my wife and I bought a buy to let property and installed my son as tenant at a rent equivalent to the mortgage. he immediately moved his then girlfriend into the property and they married several months later. The letting arrangement was very informal with nothing in writing (I didn't think I needed to as it was my son)
All was well until recently when she told him the marriage was over and he moved out of the home in April 14. Almost immediately she slapped a B63 homes rights notice on the property via the land registry preventing me from having any financial dealings with it. She claimed that the property was in fact gifted to her and my son and was never rented. My son of course denies this. I should add at this stage that her sister's partner is a family lawyer and he is calling all the shots for her, including the hiring of a barrister all pro bono of course.
The claims she is making are totally without merit and has even lied on the homes rights application form.
I have registered an objection to the application and they have responded by withdrawing the notice but the land registry now tell me that they are about to raise a unilateral notice against the property. I have searched the land registry web site for information and whilst there are references to a unilateral notice I'm afraid their meaning is lost on me. Does anyone know any answers to the following
1. What is the purpose of a unilateral notice
2. How is this resolved and by who
3. What are the legal implications of such a notice                             
Meanwhile she has  offered to withdraw the notices and vacate the property for £10K
I cannot believe that the law allows something like this to happen, she is still living in the property and refusing to pay a single penny rent and has refused to sign a very favourable shorthold tenancy agreement while I am still having to pay the mortgage, I am £2K out of pocket so far.

I stand to lose thousands of pounds through this malicious action whereas she has absolutely nothing to lose. This whole affair is putting untold stress on both my wife and I which is not good as we are both pensioners and not in the best of health
Is there anything I can do or do you have any advice you could offer? we are at our wits end.
Many thanks


boboff

I think you need to "find" the tenancy agreement your son signed, which states the rent he actually paid you.

Go on, I am sure you can find it.

Money grabbing bitch!

The facts are clear, it's not your sons house, it's not hers, it's yours. He has been paying a rent to live their.

Dont worry, I am pretty sure this will go away, try and divorce yourself from the family aspect, she is the ex partner of the person you have an AST with, pursue it in exactly that manner.

Hippogriff

As per previous advice... remove the family / ex-family aspect from this.

Plenty of Landlords can - sadly - get into positions where Tenants / ex-Tenants remain in a property and pay no rent... those Landlords follow proper procedures to get their property back (which they will) and then either choose to hound that person to the ends of the earth for what is owed, or let it go.

Your situation is only a more complicated version of that. The Law will sort this out, regardless... have faith. You would envisage that you and your son can pretty easily show money leaving his bank account and arriving in your bank account each month... a sure-fire proof-point that rent was being paid.

One of the more important rules of being a Landlord - do not, ever, never, not a chance let to family or friends. Another important rule - get everything written down.

Although I cannot formally condone what boboff suggests... if the agreement was between you and your son (and didn't involve this other person at all) then I'm also sure that you can find the AST that was signed by, just, both of you way back then. Losing it temporarily can happen to anyone.