Banker sues 'trespasser' ex-wife for £500k unpaid rent over stay in family home

A banker who branded his ex-wife a “trespasser” when she refused to leave their former home in Kensington has sued her for £500,000 in unpaid rent.

Kerim Derhalli, 56, demanded that ex-partner Jayne Richardson Derhalli leave the £6 million five-bedroom house in 2017 after they sealed their divorce with a “clean break”.

Mrs Richardson Derhalli, also 56, was handed a package worth about £11.5 million in the split, but refused to vacate the property, saying she would stay rent-free until it had been sold.

Mr Derhalli, a former head of commodity trading at Deutsche Bank, launched a legal battle for two years’ worth of unpaid rent, winning a ruling at Central London county court that she “could be considered a trespasser”.

Finding in his favour, Judge Nigel Gerald said Mrs Richardson Derhalli was not “vulnerable” when the demand to vacate was issued, thanks to her substantial divorce payout, which included about £6.5 million at the time and £5 million from the future sale of the property.

The court heard Mr Derhalli moved out in 2014, and divorce papers were signed in October 2016. Under the terms of the settlement the house would be sold, but they struggled to find a buyer at the original £8 million price tag.

In March 2017, lawyers for Mr Derhalli served his ex-wife with a demand that she “either vacate the property within four weeks or start paying rent”.

Despite the home being in his sole name, she insisted she had a right to stay, stating through her lawyers in October that year that “she would not be vacating”.

Mrs Richardson Derhalli, who now lives in Torquay and has remarried, left the home shortly before it was sold for £6 million early this year.

Mr Derhalli sued for £500,000 in unpaid rent — at £20,000 a month — telling the court his ex-wife’s right to occupy the property “was extinguished upon the decree absolute of the divorce”.

Her barrister, Nat Duckworth, argued it was “standard practice” for the wife to remain — after a split — in the matrimonial home until it is sold.

Judge Gerald said: “It is my view that Mr Derhalli was entitled to determine the licence to occupy with reasonable notice”, adding that the banker had been “presumably getting frustrated at her continued occupation of the property rent-free”.

He said: “It follows that Mrs Richardson Derhalli could be considered a trespasser from 21 April 2017 since when she remains liable to pay for the use and occupation of the property.”

The case will return to court to determine how much rent she must pay.

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