How to evict ex boyfriend who refuses to leave house?

PersianCatLady

Comms69 wrote: »

1: it's in the OPs name, that's in the first line.
2: because of a thing called beneficial interest. Google it if you aren't aware.

I was trying to verify that the OP owns the house outright in her own name as opposed to her father owning it and her renting it.

Her OP makes it sound as if she is indeed the owner but why did she not just say "I own a house"?

Sorry for being thorough.

Comms69

PersianCatLady wrote: »

I was trying to verify that the OP owns the house outright in her own name as opposed to her father owning it and her renting it.

Her OP makes it sound as if she is indeed the owner but why did she not just say "I own a house"?

Sorry for being thorough.

Seemed pretty clear to me. In any case it has absolutely no effect on the rights of bf/ex-bf to stay in the property.

PersianCatLady

Comms69 wrote: »

Seemed pretty clear to me. In any case it has absolutely no effect on the rights of bf/ex-bf to stay in the property.

What would you do in the OP's situation then?

You have not offered any advice other than criticising the questions that I have asked her.

Comms69

PersianCatLady wrote: »

What would you do in the OP's situation then?

You have not offered any advice other than criticising the questions that I have asked her.

It's been covered extensively by G_M and others.


Put simply, wait until out of the house, change the locks and arrange for a mutual friend to collect belongings. Calling the police now may not be the best idea, as it's not an emergency and would therefore take potentially longer than necessary. But certainly alongside changing the locks, and carefully packing up belongings, I would notify the police that trouble may occur.


Reporting the assault to the police is only worthwhile if the OP intends to see it through to court and prosecution, which may make life more difficult in the long term.

aneary

Of course it’s worthwhile.

The op gets him out of the house but can’t stop him harressing her. By calling the police a recording is made he may be convicted of assault great in the meantime a restraining order will be placed if it’s broken he will be arrested immediately and taken to prison.

In addition there is Clare’s law that could mean that it prevents this man doing this sort of thing again.

Comms69

aneary wrote: »

Of course it’s worthwhile.

The op gets him out of the house but can’t stop him harressing her. By calling the police a recording is made he may be convicted of assault great in the meantime a restraining order will be placed if it’s broken he will be arrested immediately and taken to prison.

In addition there is Clare’s law that could mean that it prevents this man doing this sort of thing again.

Uhm no, sorry.


It's worthwhile, only if the OP intends to go to court and give evidence. The reality is that he wont go to prison for it. But in turn could make her life difficult, especially if the prosecution fails.


If the OP calls the police to report an assault, they will eventually speak to the bf/ex-bf, but that does not mean he is arrested, however certainly if he is charged (which is a big if!) then he may be bailed with conditions (which is not a restraining order).


A breach of a restraining order and / or bail conditions does not automatically mean prison either. A magistrate would have to order that.

NeilCr

I posted this on another thread

Hopefully, it will help the OP and other sufferers of DV. Worth saying the OP has said she was hit on a number of occasions

https://www.womensaid.org.uk/the-survivors-handbook/police-and-the-cps/#1447869873341-26ffbe0d-4250

Comms69

NeilCr wrote: »

I posted this on another thread

Hopefully, it will help the OP and other sufferers of DV. Worth saying the OP has said she was hit on a number of occasions

https://www.womensaid.org.uk/the-survivors-handbook/police-and-the-cps/#1447869873341-26ffbe0d-4250

Agreed.


I feel that he should face justice, but that isn't what you get in this country.


Sentencing guidelines for assault are so varied, between a discharge and 26 weeks in prison. But typically is either a fine or a community order.


The stress of court, the backlash from family member and friends and the small punishment often means the victim is better off not reporting it. That's not me defending abusers, that's just the reality of the situation.