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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I RENTED HOUSE OWNED BY A PANAMIAN REGISTERED COMPANY APRIL

Resolved Question:

I RENTED HOUSE OWNED BY A PANAMIAN REGISTERED COMPANY APRIL 2011 FOR TWELVE MONTHS
THE SHARES IN THE COMPANY ARE OWNED BY A PANAMIAN FOUNDATION
I PAID THE UK MANAGING AGENT FIRST MONTHS RENT
I NEVER MOVED IN BUT MY PARTNER OF NINETEEN YEARS MOVED IN. WE HAVE TWO YOUNG CHILDREN. I AM MARRIED UNDER ISLAMIC LAW TO HER BUT NOT UNDER ENGLISH LAW. WE HAVE BEEN SEPARATED FOR THE PAST TWELVE MONTHS
I AM MARRIED TO ANOTHER WOMEN WHOM I LIVE WITH AND MARRIED UNDER BOTH ISLAMIC AND ENGLISH LAW
NO RENT HAS EVER BEEN PAID SINCE THE FIRST MONTHS RENT WAS PAID BY EITHER ME OR MY PARTNER
THE AGENTS SERVED SECT 21 IN DEC. 2011
SHE HAS FAILED TO VACATE AND THE LANDLORDS ISSUED EVICTION PROCEDURES THORUGH THE COUNTY COURT. I WAS THE DEFENDENT AND THE PANAMIAN COMPANY THE CLAIMENTS
I WROTE TO THE COURTS STATING I DID NOT WANT TO CONTEST THE CLAIM
SHE GOT A SOLICITOR TO REPRESENT HER IN COURT AND HAS CLAIMED :
- SHE ALWAYS THOUGHT THE PROPERTY BELONGED TO ME
- SHE THEREFORE HAS RIGHTS TOSTAY IN THE PROPERTY
- THE COMPANY WAS MINE AND THEREFORE EFFECTIVELY I WAS THE OWNER
- AS SHE WAS MARRIED TO ME UNDER ISLAMIC LAW SHE HAS RIGHTS AND ALSO HER HUMAN RIGHTS WOULD BE BREACHED
- THE TENANCY AGREEMENT WAS A SHAM
- THE JUDGE HAS GIVEN HER 14 DAYS TO FILE A DEFENCE AND THEREAFTER GIVEN THE CLAIMENT 21 DAYS TO REPLY.
THE LANDLORDS HAVE BEEN ALWAYS BEEN GOOD TO US AND I WANT THEM TO HAVE THE PROPERTY BACK.
PLEASE ADVICE
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Hi,

Yes I am still looking for an answer.


Please advice what exactly is a moderator ?
Expert:  Fran-mod replied 2 years ago.
Hi,

I work for JustAnswer. It is my job to help find an expert for customers whose questions have not yet been answered. Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 2 years ago.
I also have a second question :

I am a muslim man married to my wife of 29 years under English and Islamic law.
I also have a second partner whom I am married under Islamic law only, we have been together for 19 years.
I have been separate from the second wife for the past year after she was caught having an affair.
The house she lives in I took a tenancy April 2011 for 12 months the tenancy has expired.
She has failed to vacate and has never paid any rent. I paid the first months rent and that is all. there are arrears of over £4000
Landlord have taken action to evict her. I did not contest .
She went to court and claimed :
- She was under the impression the property was mine even though clearly the property is registered with Land Registry as owned by the Panamain Company- The company is mine I control the company- She is my partner and therefore has a right to stay there otherwise it would be a breach of her Human Rights.- The company in question is a Panamian registered company and shares in that company are owned by a Panamian Foundation- District Judge has given her 14 days ro file a defense and we have been given 21 days to reply after that.
My questions are :
- Is Islamic marriage recognized under English Law- Does she have a right to stay in the property-Does she have rights as a partner only married under Islamic Law ?
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Please confirm:-

1. Do you own the Panamanian company that owns the property?


Tom
Customer: replied 2 years ago.
Hi Thomas,

No I do not.


It is owned by a Panamanian Foundation
Customer: replied 2 years ago.
Hi Thomas,

No I do not.


The property company is owned by by a Panamanian Foundation
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply.

If the “wife” in the property at the moment is simply your wife because you have carried out a Islamic marriage only and this has not been registered in the UK because you are already married then UK law would not regard the marriage to her as legally binding.

Legal spouses of UK nationals can have rights to occupy the matrimonial home, but I would defend on the basis that UK law does not regard the marriage as being legally binding and therefore her matrimonial home rights should not be regarded as applying to the property

You can’t enforce the rent against her because she is not a party to the contract and does not have a legal obligation to pay the rent because you are solely named as tenant. The landlord could attempt to enforce the rent against you though.

If the landlord company is genuinely independent of you then they have rights to enforce her eviction. If the company is independent then her human rights would not effect this. However, if you own the company entirely and it is simply a veil through which you seek to obtain preferential rights over her then it could get complicated if the children are living there as well.

If you do not own the company then you need to produce documentary evidence showing that other people do and that other people take decisions for the benefit of the company. If you can show that you do not have control of the company and the company is genuinely a separate legal entity then I would expect that a possession order would be granted by the Court.





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Kind regards,


Tom
Customer: replied 2 years ago.
Hi Thomas,

Thank you for a very prompt and precise answer.


The company is independent from me. I have obtained documents from them :


- Articles an Memorandum

- Share Certificate in the company which clearly shows the Panamanian Foundation own 100% of the shares

- It has a Panamanian Citizen who is a Director

-
Expert:  Thomas replied 2 years ago.
Okay.

Who owns the Panamanian Foudnation?

Tom
Customer: replied 2 years ago.
Founder members who are once again panamanian in citizens
Expert:  Thomas replied 2 years ago.
Okay.

If the Panamanian company is the registered propreitor of the title on which the tenancy has been granted and the shares in the companny are not owned by you because a foudnation unconnected with you owns the shares then the tenancy should not be regarded as a sham.

Therefore the landlord has a right to evict. The "understanding" of your islamic wife is irrelevant. I can tell you that I own Buckingham Palace but you can't get in there and avoid eviction simply on the "understanding" that I own it.

If the company/foundation are not connected with you then ultiamtely they will be sucessful in evicting your islamic wife.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.
Hi Thomas,

Thanks for the info.


One final question : Are there any historic cases of this nature ?


Naz
Expert:  Thomas replied 2 years ago.
Naz,

There will be, but it woudl require extensive research beyond the amount of your deposit. For that you would need to instruct a solicitor privately.

Please rate my answer.

Tom
Customer: replied 2 years ago.
Hi Thomas,

Ok I understand.


Sorry just before I do rate and conclude one final thing has popped in my mind :


- My wife (first wife) ownes a UK property company in which there are a few properties. She is the director and has been since 2008 when the company was formed. She is also the only shareholder.

- My eldest son also owned a UK property company and again he is the only director and shareholder. This was formed recently when my wifes company sold properties to my sons company.


Should the second wife have any interest on these two companies?


Expert:  Thomas replied 2 years ago.
Hi,

No, she is not your wife and so she could not claim these because any divorce that she issued in the UK would not be recognised because she is not legally your wife under UK law.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
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