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Legal matters

Jointly owned property & access

1 reply

Piratemum123 · 22/06/2012 00:04

Hi all. Another one from me I'm afraid it could be one of many :)

Two people jointly own a property. One moves out and sets up home elsewhere. The other stays and pays all the bills and mortage in it's entirety. They plan to sell it asap. Does the non resident property ownder have the right to access the property whenever they like using their own set if keys? Or does the resident joint ownder just need to allow them to enter at their request for a reasonable reason? Is the resident joint owner legally entitled to change the locks to prevent the non resident and non paying joint owner just entering their home whenever he/she fancies it to have a look around etc?

Also, who would be responsible for paying into a "residents association fund". The joint owner who is resident pays all mortgage and bills council tax etc but should the non resident joint owner be paying half of this residents association fee? It is compulsory to pay as per their deeds and is used for repairs to communal areas of hallway, communal gardens etc. I see it as a owners/landlords cost to pay for repairs etc so should be split between both parties rather than just the resident joint owner.

Thank you in advance for any advice

PM x

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MOSagain · 22/06/2012 17:30

Yes, non resident has right to access the property (although ideally they would be decent enough to give notice)
If locks changed, non resident has right to insist they are supplied with new key. If this does not happen then non resident could change locks and ensure that resident is provided with a key.

Residents association should be paid jointly in my opinion but if non resident won't pay then you will have to pay yourself as needs to be paid.

Can this not all be agreed amicably?

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