Good evening all...
I would be grateful for a little guidance ahead of another call with my lawyer on Monday on an issue I have with a property in the UK. The property is in joint names with my wife and I, and it has been let to the same tenants since 2011 with me noted as the landlord and there remains a current lease in place.
My wife and I separated in 2014 and she has returned to live in the UK and has been there since 2015. I was advised last week by the tenants that she has contacted them and given them two months notice to leave the property.
We are in the early stages of messy divorce and I had been given no notice of this.
My understanding is the tenants are protected by contract law as they have a valid lease which has been in place for three years prior to our separation. My wife may claim to be under financial hardship but the numbers don't add up so I don't believe this to be something any court would entertain.
So long as they continue to uphold the terms of the lease and pay rent on time they are under no obligation to leave the property...? Correct or not...?
Thanks in advance
PS: I appreciate this is in the UK jurisdiction but am thinking the matter would be dealt with in a similar fashion in Australia as I know it is in the US.
I would be grateful for a little guidance ahead of another call with my lawyer on Monday on an issue I have with a property in the UK. The property is in joint names with my wife and I, and it has been let to the same tenants since 2011 with me noted as the landlord and there remains a current lease in place.
My wife and I separated in 2014 and she has returned to live in the UK and has been there since 2015. I was advised last week by the tenants that she has contacted them and given them two months notice to leave the property.
We are in the early stages of messy divorce and I had been given no notice of this.
My understanding is the tenants are protected by contract law as they have a valid lease which has been in place for three years prior to our separation. My wife may claim to be under financial hardship but the numbers don't add up so I don't believe this to be something any court would entertain.
So long as they continue to uphold the terms of the lease and pay rent on time they are under no obligation to leave the property...? Correct or not...?
Thanks in advance
PS: I appreciate this is in the UK jurisdiction but am thinking the matter would be dealt with in a similar fashion in Australia as I know it is in the US.
