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  • FIRST POST
    • superhez
    • By superhez 14th Mar 17, 6:53 PM
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    superhez
    Getting ex partner out of house - help!
    • #1
    • 14th Mar 17, 6:53 PM
    Getting ex partner out of house - help! 14th Mar 17 at 6:53 PM
    Hi there, hope someone here can give some advice, sorry it's a bit of a long story.

    My husband owns a property (not the one we live in) which he used to live in with his ex partner and her son.

    When they split up he moved out and allowed her and her son to stay in the property on the understanding it would only be for a year till they could find somewhere to go.
    This was three and a half years ago and they are still there.

    The mortgage is in my husbands name only, his ex and her son have been paying this (interest only) and the bills. We are now in a position were it is getting close to the repayment date for the mortgage so we need to sell the property and we advised his ex of this at start of the year and asked for them to be out the property by end of March.

    Unsurprisingly they have come up with many excuses why they cannot, they are now saying to get a council house my husband must sent an AT6 and give them another 2 months from when this is sent to move, however this is for a landlord which as far as I am aware he is not, there has never been a tenancy agreement and he has never made any money from them staying there.

    Does anyone know where we stand and how we go about getting them out, in case it makes a difference for the law we are in Scotland.

    My husband has let them stay out the goodnes of his heart and has even given them money (I know he's mad) to help them move out!
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Page 2
    • baldelectrician
    • By baldelectrician 15th Mar 17, 12:24 AM
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    baldelectrician
    It was but dh thinks it seems to have changed and now comes directly from the son.

    Looks like we will have to go down the AT6 route.
    Originally posted by superhez


    You cant do an AT6 as there was no AT5 issued before the tenancy was created.


    You now have an assured tenancy which is very hard to stop.
    baldly going on...
    • Pixie5740
    • By Pixie5740 15th Mar 17, 6:52 AM
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    Pixie5740
    You cant do an AT6 as there was no AT5 issued before the tenancy was created.


    You now have an assured tenancy which is very hard to stop.
    Originally posted by baldelectrician
    I thought both Short Assured and Assured tenants had to be sent an AT6 notice of proceedings. The main differences between evicting an Assured tenant and a Short Assured being that rather than issuing the tenant with a Section 33 notice the landlord of an Assured tenant has to issue the council with a Section 11 notice and that only some grounds for eviction apply to Assured Tenancies (2, 8, 11-14, 16) none of which (I think) cover the landlord wanting to sell. This is why the OP's husband should not attempt to DIY the eviction.


    http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/eviction_of_assured_tenants
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • superhez
    • By superhez 15th Mar 17, 7:51 AM
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    superhez
    They were never married, hence no divorce. The son is 40 (not my husband sons just for clarification.)

    Going to a solicitor today, to see what we need to do. The only written agreement they had (just written up and signed by them|) was that the ex could stay on the house until May 2014 if she paid the bills to give her chance to get financially sorted, but this just carried on as there was always a reason they couldn't go, so would seem we know have an assured tenancy.
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    • silvercar
    • By silvercar 15th Mar 17, 8:57 AM
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    silvercar
    At least any status as a tenant will prevent any claims on the equity in the property - you can't be an owner and a tenant. Plus if ex's son has been claiming housing benefit, he can only claim to be a tenant without admitting to benefit fraud.
    • superhez
    • By superhez 15th Mar 17, 10:39 AM
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    superhez
    At least any status as a tenant will prevent any claims on the equity in the property - you can't be an owner and a tenant. Plus if ex's son has been claiming housing benefit, he can only claim to be a tenant without admitting to benefit fraud.
    Originally posted by silvercar
    Thanks Silvercar that's something, unfortunately me husband also gave them money (not all of expected profit but some) up front to help them move out, I know, I know, I did tell him
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    • Pixie5740
    • By Pixie5740 15th Mar 17, 10:42 AM
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    Pixie5740
    This is why I was trying to establish who the housing benefit was receiving the housing benefit from the council. If the ex and son try to claim they are not tenants and therefore fraudulently claimed housing benefit then if your husband received the housing benefit directly from the council then he could be up !!!! creek as well. Your husband could be forced to repay the housing benefit.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • superhez
    • By superhez 15th Mar 17, 10:59 AM
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    superhez
    This is why I was trying to establish who the housing benefit was receiving the housing benefit from the council. If the ex and son try to claim they are not tenants and therefore fraudulently claimed housing benefit then if your husband received the housing benefit directly from the council then he could be up !!!! creek as well. Your husband could be forced to repay the housing benefit.
    Originally posted by Pixie5740
    Right just checked hb is coming direct from council to my husband, but the ex and son definitely want to claim they are tenants, because that way they can claim council house, so that is the route we are going down, evicting tenants, he is going to make sure lawyer knows everything and just have to take it from there.
    Last edited by superhez; 15-03-2017 at 11:05 AM.
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    • NYM
    • By NYM 15th Mar 17, 11:08 AM
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    NYM
    What reason do they have for believing they'd be eligible for social housing?
    • superhez
    • By superhez 15th Mar 17, 11:10 AM
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    superhez
    Because they are claiming they are being made homeless, because we have asked them to leave as property needs sold to repay mortgage.
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    • NYM
    • By NYM 15th Mar 17, 11:26 AM
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    NYM
    Because they are claiming they are being made homeless, because we have asked them to leave as property needs sold to repay mortgage.
    Originally posted by superhez

    That still doesn't entitle them to a property. They'll have to add their names to the housing list.
    • superhez
    • By superhez 15th Mar 17, 11:30 AM
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    superhez
    That still doesn't entitle them to a property. They'll have to add their names to the housing list.
    Originally posted by NYM
    They have done this and the council have advised they need us to issue an AT6, think this will push them up the list. So looks like this is the route we will have to go down, just annoying as they have money from my husband that they could use to move and privately rent because they had agreed to move out.
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    • Mojisola
    • By Mojisola 15th Mar 17, 11:38 AM
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    Mojisola
    They have done this and the council have advised they need us to issue an AT6, think this will push them up the list.

    So looks like this is the route we will have to go down, just annoying as they have money from my husband that they could use to move and privately rent because they had agreed to move out.
    Originally posted by superhez
    If they are considered in need of housing, it may well be rooms in a hostel or a B&B.
    • superhez
    • By superhez 15th Mar 17, 11:40 AM
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    superhez
    If they are considered in need of housing, it may well be rooms in a hostel or a B&B.
    Originally posted by Mojisola
    Exactly, don't think they realise that, which is why we gave them money to try and get a suitable private let, one of their reasons not to want to move is that they have three cats, can't see them getting somewhere from council that will allow them to take them.
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    • NYM
    • By NYM 15th Mar 17, 11:44 AM
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    NYM
    Just out of curiosity How old is the ex-partner? Is she working? Is the son working?
    • superhez
    • By superhez 15th Mar 17, 11:49 AM
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    superhez
    Just out of curiosity How old is the ex-partner? Is she working? Is the son working?
    Originally posted by NYM
    That's ok NYM Ex partner is 60 (10 years older than my hubby), she works part time as a self employed cleaner. She used to have good full time job in sales but just decided to give it up when with my hubby as she didn't like the people she worked with, so he financially supported her. She also sells witchcraft stuff online, wands etc (she claims she is a witch, seriously), I know you couldn't write it

    The son refuses to work as he knows he can get more from benefits than he would in the sort of work he is likely to be able to get, he hasn't worked for about ten years.

    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
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    • ripplyuk
    • By ripplyuk 15th Mar 17, 11:53 AM
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    ripplyuk
    I can't see how they'd get a council house. They wouldn't get priority, unless there's some sort of health issues to consider. The council won't help if they don't have a duty towards them. And there's no chance they can take the cats into a hostel anyway. Perhaps if they realised this, they'd be more appreciative of your help to find a private rental.
    • superhez
    • By superhez 15th Mar 17, 11:56 AM
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    superhez
    I can't see how they'd get a council house. They wouldn't get priority, unless there's some sort of health issues to consider. The council won't help if they don't have a duty towards them. And there's no chance they can take the cats into a hostel anyway. Perhaps if they realised this, they'd be more appreciative of your help to find a private rental.
    Originally posted by ripplyuk
    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.
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    • ripplyuk
    • By ripplyuk 15th Mar 17, 12:03 PM
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    ripplyuk
    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.
    Originally posted by superhez
    No. They'll be told to find a private rental. They can go on the main housing list, like anyone can but that doesn't mean they'll ever get one. Lots of people are made homeless. The council only has a duty towards those with children, or some other vulnerability like health problems, or old age.
    • superhez
    • By superhez 15th Mar 17, 12:06 PM
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    superhez
    Oh well, will leave it in hands of solicitors and hopefully get them out somehow, sounds like it could be a long process
    Last edited by superhez; 15-03-2017 at 12:08 PM.
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    • ripplyuk
    • By ripplyuk 15th Mar 17, 12:10 PM
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    ripplyuk
    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.
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