Landlord rep at PRTB

If the other owner of property is a hostile party and won't co operate in any way regarding the house, how was I going to get him to co sign a lease or termination order or declaration order.
My bank was able to organise a restucture of mortgage with me alone because my ex would not co operate, do you really think this same individual would have gone to a solicitor to have a declaration signed. The banks recognised this non cooperation and didn't penalize me for my ex's non co operation. I would imagine the prtb would too.
 
Greeneye said:
...do you really think this same individual would have gone to a solicitor to have a declaration signed.
Click to expand...
I’ve really no idea but it’s not your former tenants’ problem.

The law provides that they must receive a sworn statutory declaration from their landlord - yourself and your ex - if the intention to sell ground is being relied upon to terminate the tenancy. They didn’t and there’s your problem.
 
My ex partner was not their landlord. He dud not sign any agreement with these people.
He can't be made responsible for something he wasn't even aware was happening.
If the declaration is void because the other owner of house has not signed a declaration then it would seem the lease then was never valid which could have resulted in my ex going to house and throwing these people onto the street because the lease was invalid and as owner of house he could come and go as he liked.
If that was the case co owners of houses would be doing this all the time.
I believe the law makes room for cases like mine with banks and surely the PRTB follows suit.
 
I don’t see how your ex wasn’t the (co)landlord if he was the (co)owner of the property.

I’m sure your ex could have disputed the validity of the tenancy if he had wanted to. But apparently he didn’t.

The RTB only have statutory authority to apply statute law as it is written.

I wish you well but I think your tenants have a case that your notice of termination was invalid. Maybe the RTB will disagree.
 
Serenco I came onto this forum for help. You have given me no advice to help. Instead you have added to the reasons for grounds of invalid notice.
Do you have some association with PRTB.
I can take advice that I may not want to hear, but sometimes something constructive would be helpful.
Have you read my threads and how badly these people dealt with me because you haven't advised how I might receive some justice for their actions.
 
The problem is that if there are issues with the statutory declaration, then the notice was invalid, and the PRTB will automatically find in their favour. You will then have to take a separate case to try and recover the damages. The problem is that they don't allow you to do the sensible thing of deducting what they owe you from what you owe them, and just pay the difference. You have to pay them in full, or you're in contempt, and then get hit with even bigger fines. That's why I suggest you get onto a solicitor to check whether the notice was valid.
 
Seagull thanks for clarifying.
I spoke to a solicitor before I rented out the property who said itsia murky area, in that I couldn't be left paying for an empty house because my ex wouldn't co operate. Not hugely helpful I know.
I think paying a solicitor would just add to costs of what these people will be awarded. I feel defeated before even having my side of things heard. I mean if he could owner won't co operate and agreement was between me and tenants then what was I to do really. Also I explained to the estate agent who found the tenants for me the situation of the house with me and ex and she said it's common and I ad authority to rent house. I was probably naive to believe an estate agent but again it sounds reasonable.
I signed and acted as landlord my ex would not get involved. He wasn't landlord he hadn't paid towards mortgage of house for years, to bring him into the equation was a non runner.
Both the tenants case and mine will be heard at the same sitting, so maybe the offset of monies owed might happen.
Although I don't think common sense will prevail.
 
Sophrosyne it was just over the 12 months, 12 months 2 weeks.
They returned to their own house.
They had been brought to PRTB themselves about eight months prior to my notice by their own tenant on the same grounds by they are bringing me. I don't think this is a co incidence I believe they feel fully qualified now on how to work the prtb to their gain.
 
Understand Greeneye, I do not wish to give you false hope, but I think the PRTB would have to look at your position at the date the notice was served.

If you can prove that at that time you genuinely intended to sell, but that subsequently, events outside of your control conspired against that intention.

Good luck in your endeavours.
 
I hope so too Sophrosyne.

I hope the documents I have to support my position is enough.

I think if I get into anymore problems due my ex's conduct I may be facing a higher court for murder!

I haven't much hopes tbh. I just don't think these people should get away with their actions and be rewarded by PRTB. They brought action against me and now it's suggested I can be penalised for someone else's inaction. The grounds are I didn't have intent because the house didn't sell, however I can prove I did have the intent.
I can't wait for it to be over and done with. Justice would be nice and maybe a deterrent to these people.
 
@Greeneye

I’m sorry if my observations don’t sit well with you - I just try and say it as I see it.

I’ve absolutely no doubt you intended to sell the property - unfortunately, it wasn’t yours alone to sell.

The intentions of your co-owner were equally relevant and no statutory declaration of his intentions were provided with the notice. Sorry, that’s just how I see it - perhaps the RTB will take a different view.

I think that @Seagull is absolutely bang on - there are two separate and distinct claims here.

I think you should concentrate on pulling together whatever documentary evidence you can to show the actual loss caused by your tenants’ failure to observe their obligations. Your former tenants may succeed in proving that you did not serve a proper notice of termination but you should at least succeed in proving that they did not observe their obligations.

Again, I wish you the best of luck.
 
Thanks Serenco.

Yes I think I need to ensure I get something for what they did to my house, furniture etc.

I want to see these people held accountable for what they did.

I am not sure now where this leaves me legally with the person I have in house now. I don't want to just turf him out. My hands are pretty much tied with house. Ex won't agree to rent or sell.

Anyhow thanks for advice and I really hope justice is given at the adjudication and these people aren't awarded just because of a point in law. I played as fair as possible, I even offered them back house when I was reletting.

Anyhow maybe I lose that battle but maybe win the war.

Thanks.
 
What was the period between them moving out and you reletting? The fact that you offered it to them means that you've followed the rules.
You gave notice because you did intend to sell.
Once you were no longer selling, you offered it to them

Unfortunately, it seems that the PRTB seems to side with tenants in cases where it makes no sense at all.
 
Hi Seagull, it was a three week period after they left that I put house up for re-let. I needed to because I am the only earner in my family and the money just wasn't there to pay mortgage and my own rent. I did ehwh had to be done, the house that was let already had arrears on it and was restructured mortgage, so the bank eas not going to give me any leeway while I waited for my ex to begin communicating or co operating.
I did offer it back.
I did in good faith.
Also I was thinking I have renting most of my life and I am currently renting too and never once did I have a dual landlord. I mean if termination orders are void because all owners of houses eh married couple, don't sign lease or termination order then I would imagine there's a lot of invalid termination orders out there. PRTB did and does not advise that all owners of house sign up to lease and termination order.
I agree though I feel PRTB assume I am loaded and assume tenants are victims despite the evidence.
Unfortunately I am stupidly shy in some ways so Idea of talking up in room of people is giving me sleepless nights, I am afraid I won't represent myself well. But I am determined to do it.
 
Considering what you stand to lose, you might be better off having a solicitor with you.

Explain to your ex that as a co-owner, any award could well be assigned against him as well as you, and he'd best get off his lazy This post will be deleted if not edited to remove bad language and also attend the hearing.
 
I can't get a solicitor at this point.
As for asking the rx to move his ass eewe that's on ongoing conversation. He won't do it. He had said he wants to lose house, initially to bank so that I basically suffer, he said he didn't care if bank chased him for mortgage because he lives at home now so he wouldn't suffer much. This is what I am dealing with. Impossible situation.
 
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