UK Property Law
Get UK Property Law Questions Answered by Experts
On what basis are you hoping to sue? Why does he owe you confidentiality?
Did the court bind him to confidentiality?
My colleague has asked me to look at this for you as I am a family lawyer.
For clarity -
You were ordered to transfer a rental property to your ex.
You were planning to rehouse the tenants - but your ex told then before you could
Is that correct?
When was the Order made and when did he speak to them?
My apologies for the delay - it has been a longer day in court than expected.
Please clarify the position with regard to the mortgage
Which property is it on and why has the court not Ordered the sale of the property?
Looking at B - this is the mortgage on the property that has to be sold - is that correct?
I do not have good news for you but it is important that I do not mislead you about your position.
The Court had made an Order stating that the property was to be transferred to your ex.
He was entitled to inform the tenants currently living in the property that this was the case - he did not require a Court Order allowing him to do so and accordingly there is no claim for damages that you can make in this regard
With regard to the 2009 mortgage this is not a matter on which you can take action as there is in fact there is no direct link involved.
The only option that is open to you is to take the matter back to the family court in the basis that his actions have changed the basis on which the agreement was made.
This assumes that the Order was imposed by the Court and not made by Consent
You will be appealing the matter out of time but you have a reason for that .
Please ask if you need further details
He was entitled to ask for the information and to offer to let them stay
They were entitled to refuse.
I am sorry - I know that you find it unpalatable but there is no separate claim that you can make against your ex
The only claim you have against him is within the proceedings that have given rise to the latest order.
If you believe he has breached that Order then you have to make an applictaion back to the same court - and risk a costs order if they do not agree that he has breached the order.