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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have set up a tenancy agreement for my property that I own

Resolved Question:

I have set up a tenancy agreement for my property that I own and let on the front of the agreement it is addressed to me and my partner. He has no part to play in the property and I am concussed why it addressed to him as well. Will he be able to stake a claim on my property if we split up?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,


Can you explain why your partners name has come to be included on the tenancy agreement - did you not prepare it? If so, who did?

 

Please also state whether he has contributed to the mortgage repayments on the property, the household expenses if you have been living there or if he has financed any capital expenditure on the property (eg. building an extension or other expensive works).

 

Kind regards,

 

 

Tom

Customer: replied 3 years ago.
An Agent has prepared the tenancy agreement for me. My partner has NOT contributed any mortgage repayments or capital or house hold expenses but because he runs a building company he has done some small maintenance work in terms of fixing electrics at no cost. He has also liaised with the agent in terms of finding a new tenant for the property. (given them keys and spoken on the phone to them) I also had it painted and decorated by his workforce 2 years ago, I paid for the work but I have no invoice.

Many thanks for your prompt reply.
Do you think he can have a claim on the property?
Jan
Expert:  Thomas replied 3 years ago.

Hi Jan,

 

Why does the agent think that the partner should be listed as landlord? Do you suppose that he has assumed that your partner is co-owner because of his dealings with him and perhaps because of some off-hand reference to "our house"?

 

Tom

Customer: replied 3 years ago.
More likely the latter. I'll get them to change the title page. My concern was obviously founded.
You have been very helpful, many thanks
Jan
Expert:  Thomas replied 3 years ago.

Hi Jan,

 

I hadn't actually answered your question yet.

 

If you are the sole registered proprietor of the property and neither of you occupy the property as your residence then your name should be on the tenancy agreement only so, yes, I would get them to amend that.

 

If you are not married, named as the sole registered proprietor of the property (I can tell you how to check this if you wish) at the land registry and you partner has not contributed to the mortgage repayments, the financing of the purchase of the property or spent considerable capital monies on improving the property then he is highly unlikely to he able to make a claim on the property and would be very unwise to attempt to do so.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
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