I will stick to the the point on this one as i could be all night otherwise.
1. Bought house in 06 with ex partner
2. Separated in 2009
3. I moved out and notified revenue re: TRS and she remained.
4. She moved out in 2010 and rented it out but have found out is was off the books.
5. Now her brother lives there again of the books.
6. I wanted to move back in and gave notice but told no. Issued notice in writing again told decision has been made and brother will not move. I have to move due to daughters eczema and current rented accommodation having carpets etc.
My question is basically with no rental agreement between me or the brother i cannot evict him. I cannot force entry as it will cause more harm. I cannot involve PRTB. What rights have i got as effectively she has told me as she has handled the property since i moved out in 2009 it is her decision. Also my gut is telling me she is claiming to live there and paying the mortgage even though she has had tenants there since 2010 using the rent to pay it! I am worried that i cannot move back in and also worried that in a few years she will turn around she has been covering the mortgage since 2010 and have me removed from the title deeds. Can she do that. I stress that i do not want to cause her trouble but move in with my daughter for her health.
1. Bought house in 06 with ex partner
2. Separated in 2009
3. I moved out and notified revenue re: TRS and she remained.
4. She moved out in 2010 and rented it out but have found out is was off the books.
5. Now her brother lives there again of the books.
6. I wanted to move back in and gave notice but told no. Issued notice in writing again told decision has been made and brother will not move. I have to move due to daughters eczema and current rented accommodation having carpets etc.
My question is basically with no rental agreement between me or the brother i cannot evict him. I cannot force entry as it will cause more harm. I cannot involve PRTB. What rights have i got as effectively she has told me as she has handled the property since i moved out in 2009 it is her decision. Also my gut is telling me she is claiming to live there and paying the mortgage even though she has had tenants there since 2010 using the rent to pay it! I am worried that i cannot move back in and also worried that in a few years she will turn around she has been covering the mortgage since 2010 and have me removed from the title deeds. Can she do that. I stress that i do not want to cause her trouble but move in with my daughter for her health.