Can I service a section 21

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    Can I service a section 21

    Hi everybody.

    I jointly own a property with my soon to be ex wife. Whilst divorce proceedings were taking place, she placed tenants in the house without my knowledge.

    Their 6 months is now up on their assured short term tenancy agreement, but my ex wont serve a notice. I've been living with my mum since the split but want to move back in to the house. Can I serve a section 21 as my name isnt on the tenancy agreement as a landlord.

    If I do serve a section 21 can my ex tell the tenants to ignore it a she is on the tenancy agreement as the landlord and not me. Will the section 21 stand up in court?

    Many thanks for any replies and direction.

    Danny

    #2
    As far as I'm aware, the marital home can be used by BOTH parties until the divorce is finalised .. neither can be excluded by the other even if one party is still living in it ... This may be a question you need to ask your solicitor dealing with the divorce. Whether her actions have denied you that.

    However, whose name is the mortgage in (I'm assuming joint) ? Did the Lender agree to this? are you paying the mortgage or is the rent being used to pay it?

    I'm not sure about the legalities but will be very interested to hear the responses as it raises some quite interesting points.
    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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      #3
      I suspect that this is actually a very complex situation, somewhat more so than at first glance. I would suggest in this situation, you speak to a fully qualified solicitor specialising in property law, such as PainSmith(advertised on this site), as well as discussing the matter with your divorce solicitor...resident tenants may have an impact on issues surrounding the property, such as valuation and the possibility that you could claim part of the rental income.

      However, the matter may be a lot simpler if she is still resident in the property, as this would make them lodgers I am sure, rather than tenants.

      In either case, I suspect any advice offered on this site would be mere conjecture, and so specialist advice is a must.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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