Hi, I have just been divorced in a foreign country in June 2016. Last year my husband (at the times) rented our jointly owned house with a family without my knowledge and consent who have now moved out at the end of July and was pocketing the whole rental income for himself.
But before moving out, the tenants acted as hosts to 2 families in June and now they are advertising the letting of 3 bedrooms (out of 5) in the house or doing what it looks like an HMO. Whether the said tenants have been instructed by my ex-husband to sublet the property or to advertise the house as an HMO, as a joint owner, my understanding is that my ex-husband (or myself) have no rights to enter into a tenancy agreement without the consent (or knowledge) of the other owner and even less to pocket the whole of the rental income for himself.
Additionally, last year, I have spoken to tenant and presented myself as the other lawful owner and informed him that my ex-husband has glossed over the fact that the property is jointly owned in his dealings with him. Despite being aware that he was renting a house “without my consent and knowledge”, the tenant and his wife went on and advertised our home or acting as hosts/agents for our home.
Are my ex-husband and the tenants acting illegally?