how to implement occupation order/order for sale ?

[cestlavielife]

ok; owned jointly FMH with exP (not married ) (i moved with Dc to rental) and a BTL property also joint owned
finally got court order in 2011 to sell both properties, on 50/50 basis but "his" share to be used for deposit on new property to house me and DC. my share alone would not be enough for deposit and mortgage to purchase anything (london) .

sold BTL at an efective loss as all equity went to paying back loans and debts including very large refurbishment fees for block's commnal areas (both flats in same block)

second flat - FMH - is still resided in by exP.

order last june gave exP to December to leave flat - he has not done so. he was told tow rite to court to ask for leave to remain longer and to cover all costs of mortgage etc.

i havent pushed for occupation order yet - he has no income (he would be ableto get HB probably to rent a flat) but has been paying (with his father's help?) 80 % of mortgage and has promised to take in lodger to cover costs

still waiting for refurbishment of block to go ahead, had change of managemetn etc (long saga) so was anticipating would not be able to put on market til june or july when woks underway to show prospective buyer and get better price than for the BTL flat.

in meantime estate agent called to say ahd cash buyer interested and could he view?
exP initially refused viewing then finally after me saying this was just a viewing and i didnt anticipat it would be good price offer - probably would wait til june/july and refurbishment - he then agreed to viewing ystrday -estate agen said place was a mess but buyer was still interested (awaiting to get offer) - but that exP had said as they left "i will do everything to retain this flat I am not selling".

so will come down to implementing the order to sell (gave me sole charge and says "will be sold")
and judge mentioned at time it covered getting occupation order if needed.

so what are next steps if i need to exercise occupation order
to force him out
to force him to allow viewings
to force him to sell ?

do i have to go via solicitor?
ask for a cout hearing?
or just apply to court for occupation order?

also stupidly of me - exp left message to say could i give him my set of keys as he had locked himself out on a friday night - i left keys for him to collect so of couse now dont have my own set! and he is not responding to my request to give me a set.... saying he "only has one set" etc. (realising now he was probably lying about being locked out...)

so again - is that court? solicitor? as joint owner i should have a set of keys?

Sounds like you will have to go back to court.

The order should have a clause so that you are at liberty to apply to court to enforce the order. When there is evidence from estate agents etc that someone is being obstructive the court can order vacant possession of the property and that you have control of the sale.

what is the actual process?
where there is a court order already but exp is not complying?
i dont want to incur more and more legal costs - is it a case of submitting a specific form or?

Judge can authourise him/herself to sign the transfer deed instead of your ex. If his presence is causing the property not to sell (and you'd need a letter from the estate agents as proof) the court would kick him out, partic as it's already ordered him out. But who would pay the mortgage in the interim? Can you afford to move back in and pay it until sale?

It's not straight forward enough that you can do it yourself so you'll need to go back to your solicitior.

that is the problem with implementting the occupation part of the order - i checked and it does say i can go in and change locks etc... but i would then have to pay all mortgage whereas at least now he is paying some... i cant move in til it sold too much upheaval for Dc and anyway i am renting elsewhere and just signed new least. tho could potentially rent out one or two rooms to lodger(s) to cove costs.

yes order says judge can sign if he has not within seven days - so that should not be an issue.

do need to get my set of keys back though...