Who is going to pay.

clarabelle41

Founded these which say help a bit until you speak to a solicitor.

http://www.advicenow.org.uk/living-together/
http://england.shelter.org.uk/get_advice/families_and_relationships/living_with_a_partner_or_spouse
http://www.oneplusone.org.uk/

rosyw

I know of a similar case.
Couple living in HIS house, she threw him out and changed the locks, threatening all sorts of trouble etc. claiming she had a right to keep the house because of the children (twins).
My advice would be to see a solicitor, you MAY qualify for legal aid depending on income, and get the eviction process started, I seem to remember it took about 3 months for the chap to get his house back.
You will have to pay maintenance for your son obviously, but you are not obliged to house your ex! Local authority will find somewhere once she's homeless, or she can live with her parents.

Mojisola

marathonic wrote: »

If this happened me, I'd be tempted to take a week off work, wait until she left the house, break a random key in the house door and call in the lock-smith to change the locks again.

He doesn't have to do this. He owns the house. Providing there are no court orders stopping him going near the house and/or the ex and child, he can get the locks changed.

He will have to pay child care but he doesn't also have to pay the mortgage and all the utility bills on a house he isn't living in.

BigAunty

New.Beginnings wrote: »

....
Another thing I thought of was allowing the situation to get to eviction stage and her being re housed, then paying everything up and getting it all reversed. That way I could get it back and have no part in her removal.
....

That's a risky strategy in terms of timing - what if the lender legally gets ownership through the courts and she remains in place until the bailiffs are sent in by them? There's nothing that you can do then, the property is out of your hands.

You need to see if the eviction happens in tandem with or after the repossession - I would think that the lender cannot go to a full eviction until they are actually in control of the property, though they can certainly send letters to the occupier to say the repossession process is going through the courts when they first launch proceedings.

Some local councils do not step in and house their homeless applicants until the legal case is very advanced, though I think there are recent changes in homeless housing law that is supposed to stop their practice of waiting until after the court case for possession has taken place and bailiffs are about to enforce it.

BigAunty

rosyw wrote: »

I know of a similar case.
Couple living in HIS house, she threw him out and changed the locks, threatening all sorts of trouble etc. claiming she had a right to keep the house because of the children (twins).
....

er, then what happened?

BigAunty

New.Beginnings wrote: »

My rental property is actually the cheapest habitable place I could find, I live in Central London, where most flats are over £1k pm.

I considered moving in with my parents, but I would be paying for a house that I will not be able to live in for 16 years or more, I can't accept that. ...I would have to move in with my parents, and save the mortgage money to pay it when its all sorted.

Right, so you could have lived for free with your parents, or perhaps made do with much cheaper temporary lodgings, such as a room in a shared property, but you decided to deliberately starve yourself of funds so that you are unable to pay your own mortgage...? You could have simply withdrawn from paying the mortgage while banking the money living with your parents but somehow thought it was better if your disposable income was squandered....? Are you locked into a 6 month fixed term contract?

New.Beginnings wrote: »

...To be honest, her father terrifies me, he is a very hard man, he makes veiled threats that can't be proven, so I need to stay as innocent of these plans as possible. I do feel that he would attempt to have me roughed up. I can't prove anything though, thoughts are not enough to report though are they.

Then you could consider taping calls with him where he reacts to you explictly saying 'I am going to move back into the property and throw your daughter out or I am not going to pay a penny of the mortgage and she'll be evicted by the lender, or my solicitor will get a repossession notice, either way, she's not staying there on my dime'.

Or you speak to the Police or a solictor and get expert advice, and maybe this way, he realises that his behaviour will be under scrutiny. Perhaps consider installing alarms, CCTV, greater security at the property when you move back in if you feel vulnerable.

Do you think he's going to be any less harder on you because you say 'Look, I got the cheapest rental flat I could afford but I'm so sorry, this leaves me destitute, and this is why I can't pay the mortgage..'?

Of course, another strategy is to not accept that the Daddy is the mouthpiece over the accommodation dispute and simply refuse to speak to him "this is none of your business" or direct him to your solicitor. He's already bluffed that you must continue to pay the mortgage and can't enter, so perhaps a mention of a solicitor will make him understand that you know your rights and are going to fight for them.

Many landlords don't communicate directly with their tenants (I know this isn't a landlord/tenant dispute) but just to illustrate that in order to avoid disputes, door step arguments, accusations of harassment, police getting involved, etc, they do everything in writing to the tenant, often via a solicitor, there is no direct contact whatsoever with the tenant or their family. Communication is done neutrally, through an intermediary.

rosyw

BigAunty wrote: »

er, then what happened?

If you read my whole post I went on to say it took about 3 months to get his house back

His ex was rehoused by the LA.

zoominatorone

have you considered walking into a police station and talking to a copper?

is the ex classed as tresspassing?

You sound too soft for your own good OP her and her dad are going to continue wiping the floor with you if you let them

GDB2222

zoominatorone wrote: »

have you considered walking into a police station and talking to a copper?

is the ex classed as tresspassing?

You sound too soft for your own good OP her and her dad are going to continue wiping the floor with you if you let them

I really don't recommend this. The police are not trained in civil law.

Go see a solicitor, or failing that CAB.

FrugalMummy

I'm sorry to hear about this. But she is wrong it's your house and if you can't afford to keep going like this then she needs to let you stay there. Can you not tell her you cant afford it? Or even one day sneak back in as she legally cannot remove you.