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Getting ex partner out of house - help!

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  • NYM
    NYM Posts: 4,066 Forumite
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    superhez wrote: »
    ...She also sells witchcraft stuff online, wands etc (she claims she is a witch, seriously), I know you couldn't write it :rotfl:

    halloween-witch.gif
    superhez wrote: »
    It is all just mad to me as both myself and hubby have always worked full time (well part time for me when kids younger), and I can't believe he was with some-one like this and how daft he has been over the years re money with her, maybe she cast a spell on him :D


    Hope she's cast a spell over HMRC for her self-employed earnings ;)
  • superhez
    superhez Posts: 2,261 Forumite
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    NYM wrote: »
    halloween-witch.gif




    Hope she's cast a spell over HMRC for her self-employed earnings ;)

    :rotfl: H'mm yes I think she may have!
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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    ripplyuk wrote: »
    Show them this

    http://www.compactlaw.co.uk/free-legal-information/public-housing/homeless-people.html

    Maybe they'll move faster if they see it might not be so easy to get the council to house them.

    Or they might dig their heels in and stay where they are for as long as possible!
  • superhez
    superhez Posts: 2,261 Forumite
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    Mojisola wrote: »
    Or they might dig their heels in and stay where they are for as long as possible!

    I think this is what they plan to do either way, so will just need to go down the legal route for eviction.
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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    superhez wrote: »
    She also sells witchcraft stuff online, wands etc (she claims she is a witch, seriously)

    maybe she cast a spell on him :D

    If she's any good, she could cast a spell on the housing office and get pushed to the top of the queue. :)
  • silvercar
    silvercar Posts: 46,955 Ambassador
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    superhez wrote: »
    Does the fact that they are effectively being made homeless because we need them to leave not give them some priority? Wouldn't be surprised if son claims some sort of health things, he seems to know all the tricks to get benefits etc.

    It may, in some areas, mean they are housed in emergency accommodation while their status as unintentionally homeless is assessed. It would be in your interests to persuade them to take this if they want any chance of a council house. At least it would get them out.

    Maybe also explain that the mortgage lender will repossess and they will find themselves homeless within months in any case.

    Given that your husband seems generous to a fault, it may be worth mentioning to him now that it would be foolish to agree to be a guarantor for them in a private let.
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  • superhez
    superhez Posts: 2,261 Forumite
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    We have explained to them that the mortgage needs repaid but they don't care, guess they are thinking it will still give them a few months.

    Don't worry Silvercar he has been well and truly told to not hand over another penny or put his name to anything, just waiting on solicitors appointment now.
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  • Nostrus
    Nostrus Posts: 31 Forumite
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    As mentioned, without an AT5 then it sounds as though this is an assured tenancy. With that in mind, you now have to jump through some hoops:

    1. Serve a Notice to Quit.
    2. Serve a Notice of Proceedings (Form AT6).
    3. Raise an action in court (Summary Cause action for the recovery of heritable property) and serve a section 11 notice on the local council at the same time.
    4. Go to court for the case to be heard by the Sheriff.

    If you are successful, the Sheriff shall then grant a decree which can be extracted and issued to a firm of Sheriff Officers for the purposes of evicting the tenants.

    However as noted earlier in this thread, get legal advice/representation! If it is an assured tenancy, then it will go to Sheriff Court and you don't want to take this on yourself!
  • superhez
    superhez Posts: 2,261 Forumite
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    edited 15 March 2017 at 8:50PM
    Nostrus wrote: »
    As mentioned, without an AT5 then it sounds as though this is an assured tenancy. With that in mind, you now have to jump through some hoops:

    1. Serve a Notice to Quit.
    2. Serve a Notice of Proceedings (Form AT6).
    3. Raise an action in court (Summary Cause action for the recovery of heritable property) and serve a section 11 notice on the local council at the same time.
    4. Go to court for the case to be heard by the Sheriff.

    If you are successful, the Sheriff shall then grant a decree which can be extracted and issued to a firm of Sheriff Officers for the purposes of evicting the tenants.

    However as noted earlier in this thread, get legal advice/representation! If it is an assured tenancy, then it will go to Sheriff Court and you don't want to take this on yourself!

    Thanks Nostrus this definitely seems like the route we will have to take, have spoken to solicitor today who is getting ball rolling, but need to wait for appointment to start paperwork.

    The ex and son only want us to issue the AT6 and not follow rest of process so they can show it to council to try and get housing but they are not daft, they know they can then remain in property so we will be making sure we follow all the steps.
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  • GobbledyGook
    GobbledyGook Posts: 2,195 Forumite
    How soon they'd be offered anything depends on where they are. North Lanarkshire Council, for example, do have some places available for immediate rent. However, there is a reason some people stay on the list for housing in the preferred area.

    Just make sure they are encouraged to take any 'temporary' housing, or the ability to swap is heavily touted to get them out.
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