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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there. Long short is that my ex partner (recently split)

Resolved Question:

Hi there.

Long short is that my ex partner (recently split) wants to come and collect her goods with her family but at any time that suits her and not a day/time that is mutually convenient and agreed.

Furthermore there has been threats made by her family toward me to get me out of the house, and whilst I totally accept that she needs to collect her goods, I do not want her and her family turning up when they like whilst I am there. A mutually agreed day/time would avoid me being in my home with her family, mitigating any possible conflict. I have just undergone spinal surgery, and unable to drive.

The Police are happy to assist with the threats but I just wanted to know what the legal situation is.

The house is owned by me with all bills in my name.

Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you married to her?

Do you have children with her?

Tom
Customer: replied 1 year ago.


We are not married, and I have 1 baby, 4 months old.


 


Thanks


 


Paul

Expert:  Thomas replied 1 year ago.
Paul,

Who has residency of the child?

Did you give her notice of eviction and if so, how long was this notice?

Tom
Customer: replied 1 year ago.

She has residency of the child. This has not, and will not contested. She ended the relationship and moved out over 7 days ago.


I have no issue with her collecting her goods but because of the threats made, I want them collected at a mutually agreed time so I can ensure I am not here with her family members.


 


Paul

Expert:  Thomas replied 1 year ago.
Hi Paul

Thanks for your patience.

Technically speaking, if she were not able to secure alternative accommodation she could apply for an order to stay in your property (with you) with the child, so you have to be careful here not to antagonize her in to becoming more adversarial than she already is and seeing a lawyer to formalise things.

As an excluded occupier she also had the right to receive reasonable notice of eviction, but if she has left of her own accord then she has probably forfeited her right to this and therefore you are not exposed to an accusation of an illegal eviction.

Giving her a key was not a great idea. You can either leave her to collect the goods or bolt the door she has a key to and arrange a time with her to collect her items. Not a great position to be in but there we are.

If you bolt the door then I would tell her immediately and say that you simply wish for 48 hours notice.

Keep the police informed of any threats to you and if you arrange a time for her to collect your goods then tell them.

Ultimately if they force there was in then it will be criminal damage (at least). Your question at this points is less a legal one and more a question of how to manage her as a person.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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