SMF - Just Installed!

URGENT - Can I Evict?

Started by Raine, June 03, 2024, 06:30:42 AM

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Raine

I am the registered owner of six properties. Unwittingly, my ex partner had me sign a trust agreement for the properties. Since our split 12 years ago, he has paid the mortgages and received the rents. He has just stopped paying the mortgages and prevented me for receiving the rent. Without the rent, I cannot afford to pay the mortgages. He has told the tenants they are in contract with him and that I cannot evict them, even though I am the registered owner. Is this correct? Can I issue notice to the tenants? Raine

jpkeates

Who is shown as the landlord on the tenancy agreements?

Raine

Thank you for responding.
I have not seen the tenancy agreements but to my knowledge it is my ex or one of his companies.....

jpkeates

No, then.
The ownership of the property does not automatically make you the landlord, and only the landlord or their agent can evict.

You can serve notice, claiming to act as the landlord's agent (there's no specific check about who is named as the agent), but, obviously, the landlord could then tell the tenants not to leave. And serving notice like that would be unlawful. You can't make an actual legal possession claim unless you're really the landlord.

DPT

Speak to a solicitor, but I think you can write to your ex withdrawing consent to let and the write formally to the tenants with a s3/s48 notice to take over ghe tenancy.

Raine

Thank you both so much for your responses.  I cannot tell you how grateful I am.

jpkeates

Quote from: DPT on June 03, 2024, 04:06:17 PMSpeak to a solicitor, but I think you can write to your ex withdrawing consent to let and the write formally to the tenants with a s3/s48 notice to take over ghe tenancy.
That depends on what the trust agreement says. So the "speak to a solicitor" part of that is important.

Reading between the lines (and, to be honest adding two and two and getting way more than four), there sounds like a lot to unpick about the trust agreement and how it came to be signed.

Jon66

@Raine I think a very important question here is whether you took, or were advised to take independent legal advice before signing. If you didn't courts can be quite keen to unpick these 'agreements'. It is quite likely this might be termed financial abuse or coercion. You have not given enough info on here to determine that, but it's a possibility to consider.

Speak to a solicitor or direct access barrister about the above.