Let Property Without My Consent

Posted on 20 November 2018 by lesley

Could you offer any advise please? i currently own a house with my ex husband it has been up for sale for the past 3 years (neither of us live in the property) however i have just discovered he has taken it off the market with the estate agent and has started to rent it out to tenants without my consent, can he do this? i want the house sold (my ex husband has been paying the mortgage since April of this year)

Hi Lesley,

I am not aware of any circumstances that would stop your husband from letting out the property as it is quite possible he has done this without advising your Bank/Building Society, hasn't engaged the services of a Managing Agent and has found the tenants by himself. As the property is in joint names though, I would have thought you would be entitled to half the rent after the cost of the mortgage and any maintenance or repairs have been met.

With regards to the property itself, if it has been standing empty for 3 years there is a good chance that it has started to fall into disrepair and is suffering from neglect. You may find that by having tenants in situ the property not only starts generating an income, but also becomes more desirable and easier to sell.

I have forwarded you enquiry to our in house legal team at Rollingson's to get some guidance for you on your legal position and you should hear from them in the near future.

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.


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