Any estate agents out there…..

[Nowthengoose]

That can answer a question for me?
If someone rented out a property through an estate agent and declared that they were sole owner when signing the contract but wasn’t, what could the consequences be?

Not a lot
It is usual to have the person put in as a Permitted Occupier
Having some one else live there full time and be registered for Council Tax, GP etc probably breaches the Tenancy Agreement but what action could be taken is limited

Ah I’ve been made to think that it is possibly fraud as only one owner has declared they solely own the property so they could rent the property out. I’ve been advised that both owners should have to agree to letting the property out.

Sorry I misunderstood the question
I am not a lawyer but I would say making any false representation could be an issue and in general when there are joint Landlords both tend to be listed on the Tenancy Agreement

Thank you for that. I thought it would be deemed as false representation. I’m just waiting for the agent to confirm this back and see if legal action will be taken

Does one owner not want to let the property? Are you the tenant

I am joint owner but the property has been let out by the joint owner without my written consent. I have requested statements regarding the letting of the property from the estate agent but have found the other owner has declared that they are sole owner and no one else has joint responsibility. The estate agent didn’t seem happy and told me this needed to be taken higher within the agency

Its something that only costs a few pounds to check.........

Interesting

How exactly did it happen

There are potential income tax implications as you may be deemed to have half the rental income

I definitely didn’t see a penny of the rental income. The other owner has kept every penny of profit and fortunately I will have the evidence of that next week. Whether they have paid tax on it is another question. When speaking to the agent they have told me that it is deemed a legal document and any untrue information is deemed as potential fraud. I really don’t know about laws in this field hence the post

I think you need a solicitor specialising on property law

How exactly did you come to have a jointly owned property and how was it used prior to it being let?

Are there any agreements etc around it?

@JohnofWessex yes I think I will have to do that. The other owner and I were a couple but split many years ago. They refused to communicate regarding the house. They moved in to the property but quickly moved out and rented it out through an agent. I knew about it being rented and didn’t have an issue but unfortunately things have become very nasty and it has come to light that they have potentially committed fraud by falsely declaring being a sole owner when that was not true and I want to try and know what could potentially happen

There could be tax implications related to the income from the rent

Estate Agents are required to check who owns a property by asking to see proof either by mortgage statements, title deeds or land registry certificate. Ask the Estate Agent what evidence your ex provided. Are you still on these documents as owners 50/50 then I would have thought both of you should receive rental income 50/50 and you both may have to pay tax on this profit. Why hasn’t the property been sold or why hasn’t your ex bought you out, if you split up years ago.

@Lennonjingles we have 2 properties that we own 50/50. One I have continued to live in and the other is where they moved into after we split up but moved out and in with their now partner hence it becoming a rental. We agreed verbally and via email that this was how it would be but they have been very disagreeable as to the transferring of equity and had refused to even discuss matters. Can action be taken against someone who gives a false declaration on a contract in this kind of case?

More to the point you and your ex need to end this link via the jointly owned properties.

If he had let it as an HMO you could be liable if he hadnt got the necessary consents

Right, so this is revenge driven then?

Yes it fraud/false representation. also you would be potentially liable for half the tax. You need to talk to a solicitor.

Yes, and your brief to them should be to separate your affairs, and in doing so clear up whatever mess has resulted from them being entangled. A clean break is long overdue.

After the text Ive received from my ex partner regarding settling our financial ties, there is definitely proof that they’re out for revenge against me and it is clear that it is relation to my asking for the relationship to end :(

I’m not sure if tax is being paid or not. They refused to communicate with me although I do have an email that they have sent to a solicitor previously that states they took full responsibility of the property since separation so if needs be, I’m hoping this may help me if needed

You really need to sort out getting both your properties registered to each of you and the other needs removing, you should see a Solicitor who can do this, but obviously your ex needs to be onboard with doing this.