person not named on the tenancy agreement refusing to move out

elizabeth90

hi
hoping someone can help me here.
I moved into a cottage about 2.5 years ago on my own and then about a year later my partner moved in, I didnt have them added to the agreement and when the agreement came up for renewal I didnt advise the landlord - I didnt not tell them, just wasnt aware it was something I should have done.
Anyhow, the relationship has broken down and I have asked him to move out. He is refusing. He has started to upset some of the other tenants in adjoining properties and things are getting a bit sticky with the landlord, I have promised the landlord I will get it sorted.
Is there anything I can do to force my ex to move out.

Any advice gratefully received as time is of the essence!

Liz

bodmil

Change the locks and leave his belongings outside.

G_M

He has few rights.

You are a tenant with a valid tenancy.

He is at best a lodger (does he pay your rent?) sharing accomodation with hislandlord (that's you).

Or a guest (no rent paid).

Either way, legally he is an 'Excluded Occupier'.

1) give him a week's notice, or if you feel threatened 24 hours (and get a trusted friend to stay during that period).

2) do this in writing (just put it in his hand?) and keep a copy

3) If you are intimidated by him, visit your local police station. Explain the situation. Tell them you fear a 'breach of the peace' when you evict him. Get it recorded

4) when the time is up, evict him. Have trusted (big?) friends round for support.

5) once he is out, change the locks (£5? 5 minutes?) see here.

6) or just wait till he goes out and then change the locks.

elizabeth90

thanks for the advice
He has never made any financial contribution to the rent, bills, food or anything at all (part of the problem)
bit worried about the physical side of things - but probably best to collect all his bits, box them up, on the street and change the locks

thanks again

RAS

Speak to the police before you do anything. They can be pretty useless about renting law (particularly since he is not a tenant and will tell them that he is one).

If you are lucky they might even agree to be in attendence.

Werdnal

Before you speak to the police, make sure you have a copy of your tenancy agreement handy, to show them. Will your landlord give you anything in writing confirming his request to get rid of your "lodger" aswell? Police are rarely genned up on tenancy law, and may insist this is just a "domestic" and try to talk you into letting him back in. Get all the evidence and proof you need together first.

k0sh

As long as you are not married, then just dump his stuff out side and change the locks. He has no rights.

If the landlord had done his quarterly inspections, he might have picked this up at that point. Another lazy LL not checking his property.

Hump

Has he got somewhere else to go? If not then practice saying the following:

I gave him reasonable notice, no it doesn't have to be in writing, no he cannot come back, no, not even over the weekend - just tell him that the Police will arrest him under the Criminal Law Act 1977 if he tries to get back in - his stuff? well he hasn't got much and what he has is in the shed.....

Watch out for the Police/ Council trying to persuade you to have him back - you will want to be reasonable, but don't give in.... just repeat....

I gave him reasonable notice, no it doesn't have to be in writing, no he cannot come back, no, not even over the weekend - just tell him that the Police will arrest him under the Criminal Law Act 1977 if he tries to get back in - his stuff? well he hasn't got much and what he has is in the shed.....

david29dpo

And next time read your contract.

Slinky

david29dpo wrote: »

And next time read your contract.

It would appear that not reading her contract has done her a favour on this particular occasion. It would be much harder to kick him out if he was on the tenancy agreement.

thesaint

david29dpo wrote: »

And next time read your contract.

Why, what does it say?