Re: legal charge on property



On 12 Mar, 17:42, Blah <b...@xxxxxxxxxxx> wrote:
M.I.5¾ wrote:
"caroline5" <caroline5.3fd8...@xxxxxxxxxxxxxxxxx> wrote in message
news:caroline5.3fd8be3@xxxxxxxxxxxxxxxxxxxx
I have a legal charge of 33% on the property my ex husband and his now
wife live in.The mortgage is now paid in full. This being 17 yrs later..
They are leaving this country to live abroad and renting the property
out to his step-daughter. She has a partner and a 1yr old child.I fear
once they are in the property, renting, it will be hard to have them
leave the property, to sell it should it ever have to be.I had the
charge, as a protection for my daughters interest on the property.

Fascinating.  Did you actually wish to ask anything?

"Will it be hard to kick out the step-daughter"
Keep up at the back.

Perhaps it's time to step in and make a serious comment. However the
OP simply hasn't provided enough information about the nature of the
charge, the proposed tenancy, etc, for us to give any concrete and
specific advice.

If the charge reflects some part-ownership she has of the property, or
a divorce/separation settlement, or whatever, then steps can of course
be taken to eject the tenant and enforce the sale of the property.

However, that does not mean that the tenant could be ejected overnight
- a genuine rent-paying tenant is entitled to the protection of their
home. So there could be a delay while notice to quit is given, or
while the tenancy is allowed to run its course.

In any event, the house could always be sold under the tenant, by
selling the property with a sitting tenant to another landlord.
.



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