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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner has been living with me in my house since 1993.

Customer Question

My ex partner has been living with me in my house since 1993. During that period, the house has remained in my name and I have been responsible for all the mortgage payments and household bills.
Our relationship has since broken down and is now at an end, however, he is refusing to move out unless I give him money to help him find other accommodation. which unfortunately, I haven't got.
He has become verbally abusive towards me and my son and has made threats that there will be some nasty surprises in store for me if I force him out.
I understand that he has no legal right to stay.
Please advise me on my best course of action.
Regards, Clare
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Claire,

 

The basic position is that where he has not contributed to the mortgage repayments, did not contribute to the financing of the purchase of the property or improvement on it and did not pay for a considerably larger share of the household expenses then he will not be able to make a claim on the equity in the property.

 

Even if he had made some contributions which could conceivably allow him to make a claim the process is very expensive and with no guarantee of success.

 

He is probably occupying under a form of implied licence at the moment, in order for you to evict him you would have to give him "reasonable notice". The better view is that a month is sufficient for this purpose and particularly where you have made him aware that you wish for him to leave the property. Serve the notice on him in writing, by registered post to your address and state that if he does not leave then you will apply to Court for an order to have him evicted.

 

If he does not leave then you will have to apply for the order. A solicitor can do this for you or you can attempt to do it yourself (the County Court staff are generally very helpful to lay persons if you give them a telephone call). Chances are that once he realises your serious about a Court application he will vacate.

 

You are not under a duty to finance his alternative accommodation. Perhaps focus on practical things (eg. locks on doors?) to put in place at home to protect yourself and your son and re-enforce your separation. If he makes threats to you then contact the police. If the threats result in any form of assault then tell the police and ask them to advise you of your right for an injunction against him (he would then not be allowed to stay at the property regardless of notice).

 

Very difficult situation, you have my sympathies.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 


Tom

Customer: replied 3 years ago.
I did give him 4 weeks notice to leave which expired 29.08.10. he did not comply with this. However, it was a verbal notice and not in written form.
If I send written notice does this mean that I will have to give him another months notice?
What if he refuses to acknowledge receipt of the written notice?
Expert:  Thomas replied 3 years ago.

Hi,

 

It would be better for you to have documentary evidence of the notice and particularly if you suspect he might be tricky. I would advise re-serving the notice by recorded delivery to him at home, allow for three days postage time in the notice period and keep the proof of postage. If you have his email account then also send a copy of the letter to that.

 

The proof of postage and email will be sufficient as proof that the notice was appropriately served so it would not matter in those circumstances that he did not acknowledge it.

 

You will have to give him a further 4 weeks notice though I'm afraid.

 

Hope this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for your advice, it has been most helpful. Clare
Customer: replied 3 years ago.
Do you have any advice on the wording of the notice to leave?
Expert:  Thomas replied 3 years ago.

Hi Clare,

 

Just something like

 

"I refer to you occupation of (INSERT PROPERTY) which I have permitted by way of licence and hereby serve notice upon you to vacate the property. The notice period shall be four weeks to run from x/x/x to x/x/x.

 

If you do not vacate upon expiry of the notice period I shall immediately apply to Court for an order for eviction. If you do not leave after such an order I shall apply for a warrant for eviction from the Court bailiffs who shall then be empowered to affect eviction."

 

Thanks for your kind accept.

Tom

Customer: replied 3 years ago.
Thanks again, I am now feeling more positive.
Clare
Expert:  Thomas replied 3 years ago.

You're welcom. Good luck.

 

Tom

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