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Evicting Joint Owner with Possession Order
ALS99
Posts: 13 Forumite
Further to my last thread- which I received some very helpful replies, I think I have weeded out the exact question I need answering..
Does a joint owner living in the jointly owned property have the same rights and protection against eviction as a tenant does?
I do already have a possession order for the property I own with my ex. She lives there I don't. She needs to leave by next week but refuses. I want to get her out the day after the possession order expires so it's quick, cheap and easy. I would to personally remove her but move all her stuff out and change locks whilst she's at work. However this is an illegal eviction if she has protection against eviction etc I will have to pay more and wait a fair while to go through court for a warrant for bailiffs.
Thank you.
Does a joint owner living in the jointly owned property have the same rights and protection against eviction as a tenant does?
I do already have a possession order for the property I own with my ex. She lives there I don't. She needs to leave by next week but refuses. I want to get her out the day after the possession order expires so it's quick, cheap and easy. I would to personally remove her but move all her stuff out and change locks whilst she's at work. However this is an illegal eviction if she has protection against eviction etc I will have to pay more and wait a fair while to go through court for a warrant for bailiffs.
Thank you.
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Comments
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Get bailiffs, and police, the LAST thing you want is an assault charge or something!
Edit: but no she doesn't have the same rights as a tenant. But even if you did this, the posessions would be held in bond, you couldn't move them out.0 -
I believe they do.
The protection from eviction act 77 gives protection to 'residential occupiers', so that would clearly cover her. You can only change the locks if she is no longer occupying the building.
Go have a read if you like.
Good luck.0 -
Not sure it is as simple as you appear to suggest princeofpounds?
S1 PFE Act states:
In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
Do any of the terms in bold apply to the occupants position? And if they were relevant, would a court order requiring her to leave withdraw or revoke any previous entitlement to remain?
obm0 -
ALS99 wrote:Further to my last thread- which I received some very helpful replies, I think I have weeded out the exact question I need answering..
Does a joint owner living in the jointly owned property have the same rights and protection against eviction as a tenant does?
I do already have a possession order for the property I own with my ex. She lives there I don't. She needs to leave by next week but refuses. I want to get her out the day after the possession order expires so it's quick, cheap and easy. I would to personally remove her but move all her stuff out and change locks whilst she's at work. However this is an illegal eviction if she has protection against eviction etc I will have to pay more and wait a fair while to go through court for a warrant for bailiffs.
Thank you.
OP Previous threads
https://forums.moneysavingexpert.com/discussion/5141850
http://www.landlordzone.co.uk/forums/showthread.php?65800-Possession-Order-Evicting-a-joint-owner-desperate-for-some-advice-please!Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
princeofpounds wrote:I believe they do.
The protection from eviction act 77 gives protection to 'residential occupiers', so that would clearly cover her. You can only change the locks if she is no longer occupying the building.
Go have a read if you like.
Good luck.
OP's post/threads has nothing to do with 1977 Protection from eviction act or 1988 Housing act
See above links in post # 5Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
OP's post/threads has nothing to do with 1977 Protection from eviction act or 1988 Housing act
See above links in post # 5
Perhaps you could elaborate on why you think the eviction act is not relevant? This is, after all, about and eviction.
Didn't mention the housing act.S1 PFE Act states:
In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.
It's a good question, though as a laymans' guess I would say that the occupier is occupying under the rule of law, given they are a freehold owner.
But a court order for eviction in most tenancies doesn't permit self-enforcement, I'm not sure why a court order for a joint owner would be any different. Repossessions use bailiffs.0 -
If you read Sect 8 of the act (interpretation) then this act has no bearing on the case as the occupier does not fall under any of the meanings of the actThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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If you read Sect 8 of the act (interpretation) then this act has no bearing on the case as the occupier does not fall under any of the meanings of the act
The legalese gets very complicated here; if you believe this, can you walk us through it?
Incidentally I have found that the PfEA77 does not apply to repossessions by mortgagors, but nothing about the sort of court order you have.
Mortgagors do use bailiffs however, so I would imagine there is still some kind of restriction.0 -
princeofpounds wrote:Perhaps you could elaborate on why you think the eviction act is not relevant? This is, after all, about and eviction.
Didn't mention the housing act.
It's a good question, though as a laymans' guess I would say that the occupier is occupying under the rule of law, given they are a freehold owner.
But a court order for eviction in most tenancies doesn't permit self-enforcement, I'm not sure why a court order for a joint owner would be any different. Repossessions use bailiffs.
It doesn't help OP starting new threads and posting under two different user names SuzieLou on Landlords zone and ALS99 on MSE.
http://www.landlordzone.co.uk/forums/showthread.php?65800-Possession-Order-Evicting-a-joint-owner-desperate-for-some-advice-please
OP posted order was made under
I postedYep. Trust of land act (Tolata).
There was No tenancy.This is a dispute between two people who own the same Property
1977 act can be used to Prosecute LL's for illegal evictions via criminal courts.
1988 act can be used to Sue LL's for illegal evictions via civil courts.
Nothing to do with LL&T Law..Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
TBH the court order is no different to a successful S8 or 21 for a tenanted property. The OP can now use a bailiff or HCEO to turf out the occupier.
This is the preferred option as trying to do it yourself could open you up to such things as allegations of theft of property if you move it out yourself.
I suppose there is nothing stopping the OP accessing the house (even by breaking in)as has been his right as joint owner from before the possession order and changing the locks immediately. They are then in a position to control access for the other person to collect their stuffThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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