Landlord's name removed from tenancy agreement by 2nd landlord

[vanilla30]

Hi, hope someone can clear this up for me please.

I co-own two investment properties with my ex partner. I have recently found out that he has removed my name from both assured shorthold tenancy agreements. He receives the rent from the properties. Both our names were on the agreements previously as Landlords.

Can he do this?

[thesaint]

It depends on what your agreement with him says.
What is the problem?

[vanilla30]

Thanks for your reply.

Basically we own the two properties together and he is acting as if they are just his by removing my name as landlord from the tenancy agreement. I wondered whether this was fraud? He is also still living in our family home from which I was driven from due to domestic violence and I want to see how I can get my house back and get whatever else is mind back.

I was not strong enough at the time to do this but am now.

Thanks for any advice.

Regards

[thesaint]

I suggest you see a solicitor.
Force the sale of the properties is the answer. Are the properties mortgaged? If so, are the payments being made?

It sounds like he hasn't "removed" your name from anything, just not put it on there. If that is the case, there is no fraud.
There are differing terms of who a/the landlord is depending on who is asking.

[vanilla30]

I suggest you see a solicitor.
Force the sale of the properties is the answer. Are the properties mortgaged? If so, are the payments being made?

Thanks again for your reply. Yes all three properties are mortgaged. He is presently in arrears on the main family home but somehow managing to keep up payments. The two rental properties are rented so the mortgages are paid but he also receives an income from them. I saw a solicitor just before I left him and she told me a s21 TOLATA would be the only way forward, it would cost approx £20k and no judge would allow it because he (my ex) needs a roof over his head when the children are with him. The main house could only be sold when the youngest is 18yrs old, he is 7 at present.

Also, as a side note, he may very likely be receiving a custodial sentence if he is found guilty of perverting the course of justice (another story altogether) - do you know what would happen to the main house then? If no payments are made and the mortgage company threatens repossession, could myself and my partner step in and take over? Could we get my ex out?

[Interlaken]

Surely this is beyond the scope of a landlord and tenant website - see another solicitor - I'm sure the advice will be the same.

[vanilla30]

Surely this is beyond the scope of a landlord and tenant website - see another solicitor - I'm sure the advice will be the same.

Thanks for your reply

[Snorkerz]

I have just posted on another thread a suggestion that a court could order the landlord of these properties to change from "Mr A" to "Mr & Mrs A". However, even if you don't do that, my very limited knowledge of divorce settlements suggests that if one party has had more than their fair share before the agreement, this is taken into account in the final settlement.

[PaulF]

Just a thought. What would happen if there was a breach of say S.11 by the landlord and the tenant took action against the named landlord. How would that affect OP.

[thesaint]

Just a thought. What would happen if there was a breach of say S.11 by the landlord and the tenant took action against the named landlord. How would that affect OP.

It depends.
If the named landlord ignores all the notices, the local authority will do a search for the owners. I assume this would uncover both owners/landlords.