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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33319
Experience:  25 years exeperience
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I want to claim damages against my ex husband created when

Customer Question

I want to claim for financial damages against my ex husband for losses created when he divulged court order information to my tenants that he has no authority from the court to share and then falsely represented he is going to be taking my tenants over and their tenancy with me is at risk and they are to hand over their details to him - copy of tenancy with me, rental income and date of payment, deposit etc. All of this was done without my consent and without a court order and tenant handed notice to leave. I on the other hand was planning to buy a property to move my tenants before transfering the property to him on the due date and part of the mortgage offer is that the rental income exist to support the mortgage. In short, as a result of reducing the rental income I can no longer get my commercial mortgage and I want to sue for him to pay the loss mortgage facility he has created as my entire business is now at risk without the mortgage. He was warned by me in January not to conduct this threat when he first did so . He ignored it and did so on 3 March causing losses and damages to my rental income and if I do not have the mortgage I wont be able to do other activities and the losses will be upward to £10000 per month income.
What form should I complete and what can I sue for other than the damages.
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Jo C. replied 9 months ago.

On what basis are you hoping to sue? Why does he owe you confidentiality?

Customer: replied 9 months ago.
Damages created due to misrepresentations that their tenancy is at risk when I have the right to apply for the timing of the implementation of the court orders and I also have plans to transfer them to another property on lease to safeguard the rental income which is critical for the loan to be drawn down. He has no authority to share the court orders to the tenants, and he did not consent with me that he was doing so and did not obtain court orders to do so and he was not given such a court order to share the information to the tenants,
The court order has not been breached because there is provision to apply for implementation of timing and that application has been made before 16 march 2016 because I also need the court to order him to release me from the existing mortgage in joint name for the property to be transferred to him and for me to obtain the commercial loan to buy the new property. In short, he was doing this to damage the rental income deliberately and he knows he has poor credit rating and is unable to get a mortgage in his own sole name.Please let me know what the strongest basis for suing him for damages will be and here is the list of damages:
1. Loss commercial loan offer of £170000 due to breach of offer condition- reduction in rental income from existing tenants and loan cannot be drawn down because it is a critical term of the offer. This is a syndicated loan through crowd funding and the terms are very stiff.2. Loss contracts and one of the contract of £60000 that is to be signed for which the property is needed to offer virtual office and mail forwarding services as part of the package services to 60 participants has already been delayed and this will be lost. The offer is made and has been delayed due to the property not being purchased as I am awaiting the court to order him to discharge me from an existing mortgage in joint name. If I cannot get the property because he has damaged the rental activities then this contract cannot be signed.3.There will also be ongoing storage cost of some £200- £500 per month possibly more as I need to store over 2500 books and other business resources to another property, and if they are disposed of the loss is £25000 for the books, and replacement of the beddiing, white goods, TV, wardrobes, dinning table and chairs, settees will be £6000 or more. So the failure to have the property due to loss loan offer is significant.4.Business debts that cannot be finance of £60000 from the income lossPlease let me know quickly and I need
Customer: replied 9 months ago.
One more thing aside the above, the existing mortgage in joint name when we were married was also obtained through fraudulent misrepresentation that came to light during the divorce. He falsified rental income for a property in his sole name overseas on the mortgage application exposing me to the debts and then when asked in court during the final hearing whether he declared this income he perjured. I have now got the information from Halifax to confirm he did and will be submitting it to the CPS and have reported it to the police. Can I also sue for the damages he created when he deceived me to sign the mortgage contract and exposed me to the debts that i am now asking for a court order to be discharged from.
Expert:  Jo C. replied 9 months ago.

Did the court bind him to confidentiality?

Customer: replied 9 months ago.
There is nothing on the orders about confidentiality. But even if he had no such confidentiality that is not the real issue here for me .He misrepresented that their tenancy was at risks and he was attempting to misrepresent that he will soon be their landlord and asking them to divulge my tenancy agreement with them. He did so without my consent and authority. And he has no such order to take over tenancy or for that matter to request them to do so. If I go and misreprsent that I am taking over someones tenants and then create anxiety and make demands for them to release personal details and give impression their landlord will soon be changed and cause losses surely someone is going to hve to pay the losses.Lets forget about the confidentiality if it was not said and he is not bound. Statement that their tenancy is at risk and they will be handed over to him as a new landlord and requesting their information and rental contracts etc.There is also the issue about the false misrepresentation that he did exposing me to debts which I want to sue for. Please just let me know if there is a case to pursue for damages.
Expert:  Clare replied 9 months ago.

My colleague has asked me to look at this for you as I am a family lawyer.

Expert:  Clare replied 9 months ago.

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?

Customer: replied 9 months ago.
then he made a number of false representations telling them that their tenancy is at risk and asking for them to pass on the contract details to him as well as a copy of the agreement etc. All of which is not ordered and without my consent. One of the tenant then hand in notice and I have mortgage offer that is linked to the existing tenants. He was doing so maliciously to damage my income . Moreover, there is applicatiion that has been made for him to release me from the existing mortgage and it is VERY LIKELY the property will go to the market for sale as he has no good credit to raise mortgage finance. So in truth, this decision also exposes me to losses if he cannot pay the mortgage and there is no rents and then he damages my credit which he has done several time before.
Expert:  Clare replied 9 months ago.

When was the Order made and when did he speak to them?

Customer: replied 9 months ago.
14 January 2016 and he spoke with them 20 January 2016
Customer: replied 9 months ago.
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Customer: replied 9 months ago.
I need to know how I can claim damages for false misrepresentation that has created loss income for me. Mr Elliott falsely represented he has rental income from a property overseas of £12000. I signed the mortgage in 2009 based on this false representation . During the final hearing he denied he did not do so and it was then I realised I have been conned to sign the contract. I have now obtained a statement from Halifax that he did so. I have asked Mr Elliot to release me from the mortgage and refinance it before the transfer. He refused. My business mortgage has been put on hold because whilst I am linked to him I cannot obtain mortgage due to his bad credit rate which he caused himself when he falsified the rental income to obtain the finance. In the process I haave lost contracts as his credit is affecting me from obtaining mortgage and he refuses to sell the house and want to bind me to the mortgage he obtained fraudulently and lied to the court. HOw can I now sue for damages and get an order for him to discharge me from the mortgage and pay the losses he has created. That is the reason why I am concerned that telling the tenants about the order is pre mature in that he has not released me from the mortgage and until he does so I cannot get my mortgage and his action is malicious if the property is left with no tenants and no income my own credit will be damaged like his. I want to sue for the loss he has created through the deception and which continues whilst this mortgage is not refinanced.
Customer: replied 9 months ago.
Please can you tell me when you are getting back to me about this.
Expert:  Clare replied 9 months ago.

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?

Customer: replied 9 months ago.
Well it is on the property to be transferred to him. I have now applied to the court to order the property for sale because i cannot get a mortgage for my business due to financial link with him.
What he did not tell the tenants is this: He has poor credit rate and I asked him to release me from the mortgage last year so that I can get a business property to rehouse them . I was not able to get the mortgage due to links with him. I have now make an application to get the property sold if in the next eight weeks he cannot show a viable mortgage offer to refinance the existing mortgage.Finally, I still urgently need to know if I can sue him for misrepresentations:A. To the tenants and any damages caused.B. To me in 2009 when he declared he has income he does not have and then perjured in court he did not do so and since then has damaged my own capacity to raise finance because of my link to him through the mortgage.
Expert:  Clare replied 9 months ago.

Looking at B - this is the mortgage on the property that has to be sold - is that correct?

Customer: replied 9 months ago.
if he cannot refinance the mortgage
Expert:  Clare replied 9 months ago.

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

Clare

Customer: replied 9 months ago.
But is he entitle to request them to provide details of their tenancy, rental, deposit, how they make payment copy of their agreement. I understand the notification bit. But there is no court order to take over my tenants and that is the issue for me. Is he entitled to do so.
Customer: replied 9 months ago.
He did more than informing and that is what I need to know . Where does the boundary ends. When does information ends.
Expert:  Clare replied 9 months ago.

He was entitled to ask for the information and to offer to let them stay

They were entitled to refuse.

Expert:  Clare replied 7 months ago.

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.

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