My partner and i are in a real predicament. My partner was previously married and is now currently going through a divorce. I met my partner when she was single, and had been for about a year. We were living in the house that my partner and her ex-husband bought until my partner and i decided to move out due to her ex constantly 'walking in whenever he felt like it'. It was agreed by my partner and her ex that the house would be sold. But the 'EX' rented out the property without my partners consent AND without her signing any paperwork stating that the house could be leased. Before Christmas my partner and her ex went to mediation and it was agreed that the house would go back to my partner and that the current tenants would be given 8 weeks notice to leave the property. The 8 weeks is now up and the tenants are now refusing to leave by the due date of the notice. What action can i take to have the tenants removed AND was the original tenancy 'legal' as my partner didn't sign the lease? (both she and her ex are still on the deeds of the house. any help here would be very much appreciated.
1 Answer from Attorneys
If the house is owned by your partner's ex-husband and her jointly, any one of them or both of them jointly can enter into a lease agreement. It was not compulsory / mandatory for your partner to have also signed the tenancy deed then.
If the tenants have been given proper legal notice to vacate the premises by your partner's ex-husband, and the notice period is already over, the tenants do not have any locus standi to forcefully occupy the place after the lease period.
Get your partner and her ex-husband to jointly lodge a Police complaint seeking the tenant's immediate eviction. You stay out of it, for the time being since the deeds of the house are in their joint names. The Police will ensure the present tenant's eviction within 3 days.
A word of caution : Be on your guard and check whether your partner is "two-timing" you and her ex-husband, enjoying the best of both worlds; unless you are "okay" with it.
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