advise please !!!!!

[chickaroo]

ok my brother and ex had a mortgage they fall behind and sell it for cash and rent it back.
Now they are under a tenancy agreement she moved out 2 years now but refuses to take name off as she thinks she is entitled to half the house
.She doesnt pay anything towards the rent and has been claiming hb in another house with her new partner.

Surely there is nothing in the house to have half as it was bought for cash?
Can he get her off the tenancy?
He wants to buy it back in nov but on his own?

[Aequitas]

Is the tenancy currently fixed term or periodic and if fixed term when does the fixed term expire? Is the tenancy an AST?

[chickaroo]

its a yearly contract gets renewed every year

[Aequitas]

So long as the tenancy is a fixed term tenancy there is nothing your brother can do to get his ex off the tenancy without her co-operation. But if the ex has been gone for two years how is it that she is on the current yearly tenancy which must have been granted no more than a year ago?

Anyway, assuming she is on the tenancy and that the tenancy is an AST, what your brother can do is this: he can contract to buy the property subject to the tenancy, but with the completion date after the fixed term comes to an end. After exchange of contracts and after the fixed term comes to an end, but before completion, he can give notice terminating the periodic tenancy. As one of two tenants he has the right to do this. He will then buy the property free from the tenancy.

[chickaroo]

Originally Posted by Aequitas

So long as the tenancy is a fixed term tenancy there is nothing your brother can do to get his ex off the tenancy without her co-operation. But if the ex has been gone for two years how is it that she is on the current yearly tenancy which must have been granted no more than a year ago?

Anyway, assuming she is on the tenancy and that the tenancy is an AST, what your brother can do is this: he can contract to buy the property subject to the tenancy, but with the completion date after the fixed term comes to an end. After exchange of contracts and after the fixed term comes to an end, but before completion, he can give notice terminating the periodic tenancy. As one of two tenants he has the right to do this. He will then buy the property free from the tenancy.

Ok as far as i now the contract was renewed in November just she is a very fiery lady ans has tols him she is not coming off the property as she wants half.Even though she is living and claimin in another property with her new boyfriend is this possible?
Also when they sold the house it was agreed they would have the oppurtunilty to buy back after 2 years she had moved out when it was sold so in november this year they can buy back or rent again.He wants too buy back but on his own.

[Aequitas]

If there was an option to buy back that is quite different (so long as the option is legally binding and not a "gentleman's agreement"). It sounds like this is one for a solicitor who has the documents in front of him to look at.