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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi can you help me ive had my boyfreind move in my house 8

Resolved Question:

hi can you help me ive had my boyfreind move in my house 8 years ago four of which we lived apart i bought my council house in this time and paid my mortgage myself is he entitled to any payment from me
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi.


Who is named as the registered proprietors of the property at the land registry?

 

Has he paid you money for occupying the property and if so is this more than he would otherwise pay privately for rented accommodation?

 

Has he contributed sums to improve the property?

 

How have household expenses been split?

 

Tom

Customer: replied 3 years ago.

i am the registered owner only

 

he gave money towards food and bills electric gas etc aprox 150 week

 

as he is a builder he built extension which i didnt pay labour but he didnt pay towards food etc then cos he had no work

 

we live in same house he wants 25000 off me to go he has broken into my bedroom using knife scraper and screwdriver when i was not in i feel uneasy in my own home and need him to go

 

 

Expert:  Thomas replied 3 years ago.

Who paid for the materials for the extension?

 

 

Customer: replied 3 years ago.
i got second mortgage to pay for materials so im paying for them on mortgage
Expert:  Thomas replied 3 years ago.

Ok.

 

How much do you suppose he would have charged another person for the work he carried out (not taking account of materials, so his labour only)?

Customer: replied 3 years ago.

i was homeless 24 years ago and council housed me and my child i have been here for 24 years but only bought it from council 8 years ago at a reduced rate

 

 

he would have charged 5 hundred a week labour he spent 6 weeks to build and broke party wall act with my neirghbour as hes so stuborn which i had to pay aprox 8 thousand pound for and i had to go to court to sort it out very distressing took three years all because he wouldnt do it party wall way at first therefore surveyors and solicitors involved which again pushed my mortgage up

 

Expert:  Thomas replied 3 years ago.

Right.

 

In order to attempt to make a claim against the property and establish an interest in it he would have to make an application to Court. Until he does this or postures to do this (you would receive a letter from a solicitor) you do not have to worry about him making a claim on your property.

 

If he did not contribute directly to the mortgage repayments and the amount he paid you per week is not more than he would otherwise have paid in renting privately and paying expenses then he will not be able to make a claim on the grounds of these payments.

 

The position as to improvements is a bit more complicated, he could conceivably attempt to establish an interest to the amount of money he would have earned for his labour by making an application to the Court. However, if he has been negligent in carrying out those works and you pay money in respect of the loss you suffered then this would be a good argument against his right to establish an interest.

 

If he is still in your property then he is probably there on licence. You would have to give him "reasonable" written notice to leave the property. This is usually one month but in view of the length of his occupation he is probably entitled to a bit more (eg two months possibly. If he does not move out thereafter you would have to apply to Court for an order of eviction.


If you are worried about his ongoing conduct then you should report this to the police.


If this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

what is the best way to serve notice on him

 

Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your accept.

 

In writing a letter from you to him stating that he is occupying on licence (referring specifically to the property. Sent by registered post to his address or served upon him by an independent and impartial third party. Keep proof of posting if sent that way.

Tom

Customer: replied 3 years ago.

hello i have still to sort ongoing problem with ex boyfreind, he is a nightmare to live in same house with, he verbally abuses me to the point that i have to see doctor today as i feel im at breaking point, i spoke to police who called about my ex grabbing and threatening my neirbour for no apparent reason, they said that if i asked him to leave and he refused i could ring them and they would get him to leave, is this right ?. when i contacted yourselves in dec 2010 you advised me to give him notice but i feel that if i done that he may tamper with something in my house which may be of danger, my children who are 23 24 and 18 live with me and are talking of renting somewhere until he leaves as he is not a nice person to be around, he is also verbally abusing me saying why dont you p off and f off out, he has not contributed anything in the last six months but turns my heating up full when im at work all day trying to pay these bills, there is no discussing this with him as he is a very stubborn and abrupt rude person please can you tell me what im legally entitlent to do to get him out thanks michaela cassemis

Expert:  Thomas replied 3 years ago.

Hi,

 

My advice as above still stands. You could speak to a local family litigation solicitor about applying for a non-molestation order from the Court Court so that he is not allowed near you, his behaviour would have to be serious though.

 

The police are not always the best experts on civil law, but you can got back to them and ask them to assist after giving them instructions on his behaviour. If they suspect him of a crime then they will arrest him but if he has a right to occupy the premises because you have had an informal licence with him then they should not really do this. However, it may be that this prompts him to leave in any event. If he does then I imagine that he would be fairly unlikely to pursue an action against you for illegal eviction.

 

Kind regards,


Tom

Customer: replied 3 years ago.
hello i need more help on this as my ex has now been living here for six months without contributing a single penny towards gas electric or any thing else doing his washing and drying at my cost hitting the heating up full and disrespecting myself and my home and has never been registered as living at my property are you still sure i would have to give him written notice considering what he could tamper with in that month or two because im concerned thanks michaela
Expert:  Thomas replied 3 years ago.

Hi MIchaela,

 

Serving notice and then applying for a court order for eviction is the safest way forward.


If you are concerned with his general behaviour then you should either speak to the police about this and what they propose or otherwise commence a civil action for a non-molestation order preventing him from being near you. He would have to leave after this.

 

Kind regards,


Tom



Edited by Tom on 1/26/2011 at 12:31 PM EST
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you

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