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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!
    May wins: Kids Book Health Book
Page 3
    • superhez
    • By superhez 15th Mar 17, 12:13 PM
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    superhez
    Thanks ripplyuk I'm afraid at this point it will make no difference, they seem to just want to stall as long as possible and making us go down the route of "evicting" them will give them another few months, there is no reasoning with them.
    May wins: Kids Book Health Book
    • NYM
    • By NYM 15th Mar 17, 12:35 PM
    • 3,267 Posts
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    NYM
    ...She also sells witchcraft stuff online, wands etc (she claims she is a witch, seriously), I know you couldn't write it
    Originally posted by superhez


    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
    Originally posted by superhez

    Hope she's cast a spell over HMRC for her self-employed earnings
    • superhez
    • By superhez 15th Mar 17, 12:52 PM
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    superhez





    Hope she's cast a spell over HMRC for her self-employed earnings
    Originally posted by NYM
    H'mm yes I think she may have!
    May wins: Kids Book Health Book
    • Mojisola
    • By Mojisola 15th Mar 17, 1:32 PM
    • 27,330 Posts
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    Mojisola
    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.
    Originally posted by ripplyuk
    Or they might dig their heels in and stay where they are for as long as possible!
    • superhez
    • By superhez 15th Mar 17, 1:34 PM
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    superhez
    Or they might dig their heels in and stay where they are for as long as possible!
    Originally posted by Mojisola
    I think this is what they plan to do either way, so will just need to go down the legal route for eviction.
    May wins: Kids Book Health Book
    • Mojisola
    • By Mojisola 15th Mar 17, 1:38 PM
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    Mojisola
    She also sells witchcraft stuff online, wands etc (she claims she is a witch, seriously)

    maybe she cast a spell on him
    Originally posted by superhez
    If she's any good, she could cast a spell on the housing office and get pushed to the top of the queue.
    • silvercar
    • By silvercar 15th Mar 17, 4:31 PM
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    silvercar
    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
    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.
    I'm a Board Guide on the Debate House Prices & the Economy, House Buying, Renting & Selling, Mortgages and Endowments, In My Home incl DIY, Overseas Holidays & Student boards.
    I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of moneysavingexpert.com.
    • superhez
    • By superhez 15th Mar 17, 6:41 PM
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    superhez
    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.
    May wins: Kids Book Health Book
    • Nostrus
    • By Nostrus 15th Mar 17, 7:21 PM
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    Nostrus
    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
    • By superhez 15th Mar 17, 7:31 PM
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    superhez
    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!
    Originally posted by Nostrus
    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.
    Last edited by superhez; 15-03-2017 at 7:50 PM.
    May wins: Kids Book Health Book
    • GobbledyGook
    • By GobbledyGook 15th Mar 17, 10:25 PM
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    GobbledyGook
    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.
    • deannatrois
    • By deannatrois 15th Mar 17, 10:32 PM
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    deannatrois
    It depends on the council.., but with mine, I was only actually of higher priority (and that is still low priority) 28 days before eviction. To enter this category I had to have not only the (in the UK) S21 notice but a court case booked. And they still didn't offer me anything (emergency accommodation) until after I had actually been evicted.

    Their area may do things differently. But are they aware that as homeless people they will probably be entered automatically in a bidding list, and will probably get the 'worst' sort of property in the worst area. That's what I am facing. I am able to manipulate things a bit, but not much. I'm likely to be in emergency accommodation for a number of years. Glad I'm not in single room accommodation like some.

    They need to be encouraged to ask more questions as to how social housing policies work in their area. What they are expecting and what may happen could be very different.
    • silvercar
    • By silvercar 16th Mar 17, 7:55 AM
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    silvercar
    Useful post deannatrois and sorry to hear you are still waiting to be rehoused.

    I am able to manipulate things a bit, but not much. I'm likely to be in emergency accommodation for a number of years. Glad I'm not in single room accommodation like some.
    Do you think there is a link between the type of accommodation you were given and how quickly you will be moved ie if they had put you all in a single room, would they have rehoused you quicker?
    • Penitent
    • By Penitent 16th Mar 17, 9:09 AM
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    Penitent
    If your husband gave them money to move into a private rental and they're now refusing to do that, has he asked for his money back? They can't have it both ways.
    • superhez
    • By superhez 16th Mar 17, 12:25 PM
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    superhez
    If your husband gave them money to move into a private rental and they're now refusing to do that, has he asked for his money back? They can't have it both ways.
    Originally posted by Penitent
    He has asked but funnily enough they have ignored that request, unfortunately probably not much we can do about getting it back now , this was when they advised us they had a private rent lined up but needed deposit, first months rent, moving firm etc.
    May wins: Kids Book Health Book
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