Rent agreement

[NOCAB]

Hi, I was wondering if someone could help me

I am the primary owner of a joint home owned by me, but with my business partner as an interested partner under a declaration of trust. The house in question that we own (with a mortgage) is now rented out and the tenancy agreement on this property is in my business partners name.

Payments have until recently been paid into my account and I paid a certain amount each month into my partners account to cover his share of the interest against a joint loan we took out, effectively using mortgage reserves we both have that we used to fund the refurb of this house.

We have recently agreed to part company, selling of other property we own as well, but I have noticed he has spoken to the tenant of the house in question and the rental agreement is now being paid into his account.

Can I do anything given that the tenancy agreement is in my business partners name. Do I have any control. I am down as the property owner on the land register, but as mentioned they are on the declaration of trust and the tenancy agreements have always been in their name.

Any advise would be most welcome

[2222]

Is your business partner passing on your share of the rent?

[NOCAB]

Is your business partner passing on your share of the rent?

No, but my name isn't on the tenancy

[2222]

No, but my name isn't on the tenancy

But you are in a partnership, so the partnership business must be carried on fairly and reasonably, regardless of any personal differences you may have. In other words, it doesn't matter who receives the money. It should be shared out in accordance with the partnership agreement.

Failure to do so is (probably!) not a criminal matter, but it could certainly lead to quite an expensive civil court case. Consequently, unless there is a genuine disagreement about the split of the rent, it would be daft for one of the partners to manufacture a disagreement simply because of other differences.

[NOCAB]

But you are in a partnership, so the partnership business must be carried on fairly and reasonably, regardless of any personal differences you may have. In other words, it doesn't matter who receives the money. It should be shared out in accordance with the partnership agreement.

Failure to do so is (probably!) not a criminal matter, but it could certainly lead to quite an expensive civil court case. Consequently, unless there is a genuine disagreement about the split of the rent, it would be daft for one of the partners to manufacture a disagreement simply because of other differences.

Hi, to be clear, the business partner is a partner in business terms in something totally separate to the house rental if that makes sense. We are are actually business partners in a firm that delivers wine, so the house rental is an aside. And in this regard there is no 'partnership' agreement' regarding the rent, so nothing in writing to determine how the rent is split.