Possession order where beneficial interest in house is not in landlords name

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    Possession order where beneficial interest in house is not in landlords name

    Hi, I apologise if this question has already been answered, and I also apologise if my story is confusing.

    I have the beneficial interest in a property but my ex husband is named as the landlord.

    I gained beneficial interest on the same day that decree absolute was granted. I also gave s21 notice to the tenants of the house on the same day. As a result, it was deemed unnecessary to change the landlords details since the tenants were expected to have left the property two months later.

    As you have guessed the tenants did not vacate. They have also not paid rent since the s21 expired.
    Local council refuse to house the ten enacts until I evict them-this in itself is extremely frustrating.

    I am not in the process of completing documents for possession order. What I need to know is can I list my ex husband as the claimant since the tenancy agreement and s21 are both in his name? There is nothing with my name on it. If I have to list myself as the claimant then I would need to reissue s21 which I am reluctant to do because it would entail another 2 month wait and the tenants are not paying rent. If I keep quiet about the fact that I hold beneficial interest surely nobody will find out? The actual deeds of the house and the mortgage are in ex husbands name.

    I am currently in my final year of medical training so hugely stressed already and now I have this situation to deal with.


    Could someone please offer me advice as I need to get my tenants evicted ASAP. I intent to speed up the eviction process once the PO has been granted. It's obviously a very difficult time for me financially since I am a full time student. I returned to my education in the belief that the rental income would assist me financially but I now find myself with no income and a mortgage to pay on this house.



    I would be extremely grateful for any help and advice. Thank you in advance.

    #2
    Only the landlord, your ex-husband, can issue a S21 and appear in court to evict his tenants.

    Did you give the tenants written notice that you were their new landlord and also give them your address for serving notices?

    Did you inform them that they were to pay any further rent to yourself?
    Last edited by Mrs Mug; 13-10-2014, 10:59 AM. Reason: New questions

    Comment


      #3
      When did the tenancy start?
      What was the fixed term?
      Was an end date specified?
      Did the landlord take a deposit, was it protected and did the landlord serve the PI within 30 days?
      When was the s21 issued and what was the expiry date?

      An agent acting on behalf of a landlord can issue a s21 on behalf of the landlord, but only the landlord can commence court proceedings. I'm assuming your ex-husband didn't issue any notice to the tenants about you acting on his behalf so it's unlikely the s21 was valid.

      Comment


        #4
        Tenancy started in 2007 AST and has been renewed a few times.
        Deposit protected by DPS. Taken by letting agents.
        S21 issued 7 august 2014, exp 9/10/14.

        Ex husband authorised the issuing of s21 as agents stated I did not have authority to do so.

        Comment


          #5
          No notification given as letting agents advised it was pointless since notice had been served.
          All documentation still lists ex husband as their landlord.

          Rent has always been collected by managing letting agents so I just advised them of new bank account-this was also changed under authority of ex husband.

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            #6
            When exactly dd mmm yyyy did the last AST start, and how long was it for? Do you know if the agents have been issuing the PI and do they have proof of this?

            If the agent issued the s21 and kept the ex-husbands details as landlord, it is possible that it is valid, but it depends on the dates.

            Comment


              #7
              26/03/2014 for 12 months.

              I'm sorry, I don't know what PI stands for??

              Comment


                #8
                PI = prescribed information. Each time a tenancy starts, the deposit must be protected (or re-protected) in one of the schemes and the tenant must be issued (or re-issued) with certain documents, within 30 days. If this doesn't happen then the landlord isn't compliant with the relevant legislation and any s21 could be challenged as being invalid because of that. The usual remedy if that is the case is to return the deposit in full and then issue the s21.

                However, this tenant is still inside the fixed term, so you can't seek possession via s21 until after the fixed term ends (25 march 2015).

                I suggest that you ask your ex-husband to send a letter of authority to the tenants advising them of a change of landlord, and you then issue the correct notices yourself, and then ask agent for copies of all the relevant paperwork, particularly the deposit paperwork.

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                  #9
                  You can give the tenants notice of you also being a landlord, and then issue a Sec 21.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

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                    #10
                    It's not a fixed term agreement. Either party can give notice at any time by giving written notice 2 months in advance.

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                      #11
                      If the tenancy agreement contains a "Break Clause", please quote the complete break clause.


                      Were the tenants given a new set of prescribed information with the new tenancy agreement in March?

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                        #12
                        It is further agreed that either party must determine this agreement by giving to the other at least two months advance written notice of their intention to do so. Such notice not to expire before 25 may 2014

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                          #13
                          Sorry to ask, but why did you issue notice?
                          Did you plan to live in the property?

                          Also, unless "determine" is a typo, that clause is meaningless.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Yes I did plan on moving into the property.

                            The clause does say determine. The agreement was written up by the letting agents.

                            Comment


                              #15
                              Did you previously live in the property?

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