Is this allowed by law?

Author
Discussion

PopsandBangs

Original Poster:

922 posts

130 months

Thursday 11th September 2014
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Hi there - to any lawyers, you may have seen my other thread about the slight issue a friend of mine is in with regards to access to his house having been falsely accussed of domestic violence and now barred crom access to his home

What is to stop him instructing an Estate agent to sell his house bearing the following in mind:

-The house and mortage is entirely in his name
-He is currently not allowed to visit the house due to being subject of a Non Molestation order
-His ex partner is currently living there alone
-Her name is on nothing... no bills/utilities/even not on the electoral role there
-He is still paying mortage/bills/council tax/utilities despite not being there for 2 months
-She has applied for an Occupancy Order which is due to be considered in 3 months, HAS NOT been granted yet
-they have no children, they are not married or have any form of formal partnership

He wants to sell the house when she is finally out - i have suggested doing it now rather than wait for 3 months or possibly longer.

Can he do this?

Many thanks

pork911

7,086 posts

182 months

Thursday 11th September 2014
quotequote all
can i come along for the first (and last) viewing?

pork911

7,086 posts

182 months

Thursday 11th September 2014
quotequote all
more seriously, stop trying to 'help' your friend with advice from strangers on an internet car forum

he should take proper advice from a professional who might know and is anyway regulated and insured

Sheepshanks

32,526 posts

118 months

Thursday 11th September 2014
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PopsandBangs said:
What is to stop him instructing an Estate agent to sell his house
Nothing I suppose, but only a lunatic would try and buy it - it can't be offered with vacant possession on completion, which is the norm.

I wouldn't be surprised if agents refused to take it on once they know the situation.

anonymous-user

53 months

Thursday 11th September 2014
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pork911 said:
more seriously, stop trying to 'help' your friend with advice from strangers on an internet car forum

he should take proper advice from a professional who might know and is anyway regulated and insured
Also, stop pretending that this is about your "friend".

anonymous-user

53 months

Thursday 11th September 2014
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Taking this course would be a fast route to a world of discomfort. The Court dealing with the family dispute would go nuts when it found out, and you'd have to disclose the dispute and court proceedings to potential buyers. Rule One: don't take the piss.

Jasandjules

69,825 posts

228 months

Thursday 11th September 2014
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Obtain a court order for sale, if possible.

PopsandBangs

Original Poster:

922 posts

130 months

Thursday 11th September 2014
quotequote all
Understandable Breadvan. Its just a bit desperate at the moment especially as she is abusing this process just so she can have somrwhere to live and is a woman scorned, and seems totally wrong.

And it is honestly about a friend and former employer in his 40's.. im only 25 and not a honeowner yet, so thankfully dont have to deal with this kind of headache... yet haha

anonymous-user

53 months

Thursday 11th September 2014
quotequote all
So, get him off to a lawyer and stop asking random car nutters.

Timsta

2,779 posts

245 months

Thursday 11th September 2014
quotequote all
Breadvan72 said:
So, get him off to a lawyer and stop asking random car nutters.
And then update the thread!

pork911

7,086 posts

182 months

Thursday 11th September 2014
quotequote all
PopsandBangs said:
Understandable Breadvan. Its just a bit desperate at the moment especially as she is abusing this process just so she can have somrwhere to live and is a woman scorned, and seems totally wrong.

And it is honestly about a friend and former employer in his 40's.. im only 25 and not a honeowner yet, so thankfully dont have to deal with this kind of headache... yet haha
if it is a friend then no matter how close you really have no idea what has gone on

good intentioned or not you will not help by putting forward /supporting stupid ideas

and you may well be blamed later on



Devil2575

13,400 posts

187 months

Thursday 11th September 2014
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It sounds to me very much like this is one of those painful situations that will eventually be resolved in his favour but he is going to have to be patient. Trying to find shortcuts like selling the house will only make the situation worse and reduce his chances of a favourable resolution. He may be paying the mortgage and not getting the benefit of the house but if the story is accurate then he will get it back in the end and see the benefits of those payments.

Just my opinion I hasten to add.

Rude-boy

22,227 posts

232 months

Thursday 11th September 2014
quotequote all
PopsandBangs said:
Understandable Breadvan. Its just a bit desperate at the moment especially as she is abusing this process just so she can have somrwhere to live and is a woman scorned, and seems totally wrong.

And it is honestly about a friend and former employer in his 40's.. im only 25 and not a honeowner yet, so thankfully dont have to deal with this kind of headache... yet haha
OP.

BV is a barrister and from their posts I would suggest that 'he knows his st.'

I am a property solicitor and whilst this is on the fringes of my World, I know more than a little about such things.

Other legal types have chipped in on your other thread.

The common advice you should be taking is don't let him do anything stupid (like trying to sell the house with her in it) and, if you really want to help out your desperate mate, write out all the questions and go with him to see a solicitor for proper, matter specific advice. Ask them what he can and can't do to sort the situation and for realistic timeframes. Then help him stick to this advice and resist the temptation to send round a couple of pipe wheedling ladies in comfortable boots.

Then post up here as everyone hates the thread to nowhere.

JustinP1

13,330 posts

229 months

Thursday 11th September 2014
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OP - please listen to the fact that your friend can only sit tight and take legal advice.

Putting the house on the market is pointless anyway - play the situation out:

Estate agent comes round to take photos - banshee is banshee.

Viewer comes round to look at house, despite the photos being st. Banshee is banshee.

No sale.

Banshee now has documentary evidence of vindictive ex to support her other claims.

pork911

7,086 posts

182 months

Thursday 11th September 2014
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JustinP1 said:
Estate agent comes round to take photos - banshee is banshee.
best just to have an open house for viewings


Mr Classic

224 posts

118 months

Thursday 11th September 2014
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Estate agent isn't allowed around, apparently the order stop anyone basically going to his house if he knows them, friends, family, associates, agents, anyone acting on behalf of him.

mrmr96

13,736 posts

203 months

Thursday 11th September 2014
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Breadvan72 said:
So, get him off to a lawyer and stop asking random car nutters.
Would I be right in saying that most home contents insurance policies include legal cover, and this kind of thing would be covered? If so, I'd start with the insurer and get an authority from them to take any required legal advice (at their cost). HTH

Rude-boy

22,227 posts

232 months

Thursday 11th September 2014
quotequote all
Mr Classic said:
Estate agent isn't allowed around, apparently the order stop anyone basically going to his house if he knows them, friends, family, associates, agents, anyone acting on behalf of him.
This is broadly in line with what I saw posted on the other thread but as I have not seen a copy of the order, pass no comment other than - GO AND SEE A REAL LIVE SOLICITOR FOR ADVICE!!!!!

CarsOrBikes

1,135 posts

183 months

Saturday 13th September 2014
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You need written consent from anyone over 17 in the property to sell it, only a signature, but it remains so. If he is paying the mortgage in this situation having gone this far already, it will have begun as a police matter which is how he was probably removed in the first place, so as said before, a court order for sale is best, or just stop paying the mortgage.

If she wants to stay so much, see if she can afford to, then let her pay as she is currently protected there. If she can't it could be repossessed after a possession order is sought after 60 or 90 days. If awarded, and repossessed then he won't get a new mortgage, but the lender is not that likely to be prevented from getting her out, as whatever order exists, is unlikely to change the fact that the lender is the owner until the mortgage is satisfied, and she wasn't an original applicant. Some people rely on elements of the law to furnish themselves with a place to live at any cost, she may have a genuine case with him, but should have no claim on him to make payments for her, I bet that wasn't in any order made when allowing her to remain there.

He needs his own solicitor. If it was me I would stop making all payments, but keep the amount due elsewhere until such time as I needed to pay the arrears if necessary later, ie when I got my house back, but would first use whatever to house myself, as that is most important if I couldn't afford both.

If he can afford to apply for another mortgage while this one exists (who knows...he might?), maybe do that, as when there are any arrears showing other lenders will see it and he'll lose the opportunity.

As other said........... solicitor required or barrister this far down the road

IainT

10,040 posts

237 months

Monday 15th September 2014
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If he's not got (much) equity in the house couldn't he stop paying the mortgage and inform the lender to repo the house?