I want my husband to leave.

ladywallace

Hello there,
I have been with my husband for 22 years,and it is with a very sad heart that I know our marriage is over. For 15 years my life was controlled by him, put it this way abuse, both mentally and physically were my companions.
So I want my husband to leave the cottage, that we have lived in rent & bills FREE for 22 years.
My brother owns the property out right! There is NO Tenancy agreement, No rent in fact No money at all exchanged hands.
So If any of you clever people out there could advise myself and my Brother, as to the best course of action, as in what Eviction Notice to write?
Any advice would be very gratefully received.
Kindest Regards,
Lady Wallace.

MovingForwards

Just tell him to go, that's what I did with mine.

pphillips

I think you need to apply for an occupation order;
https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order
There is no court fee for this type of application.

Fireflyaway

I believe you may both be classed as non tenant occupiers. Have a look on the 'Shelter' website, there is a lot of useful information on there. I'd say the logical thing to do is to ask him to leave but he careful that doesn't put you in danger. Is he likely to react badly to that? If he won't leave at your request, your brother can ask him to leave by giving reasonable notice. If that doesn't work then he would have to go to court and seek a possession order. It could be easy or it could be hard depending on your husband, but in the end, he can't just stay there indefinitely, it's not his house. 
Looking forward, may you want to have some sort of legal agreement with your brother ? If he became unwell or remarried or died etc. Could the house be sold and you left with nowhere to go? Obviously I don't know your circumstances but I'm just thinking it would be beneficial to have savings set aside and a plan just in case. 

macman

No rent paid, no services at all rendered in lieu of rent? Then you are neither tenants nor lodgers. Merely guests, or in legal terms 'excluded occupiers'. So no need to obtain a possession order or evict. Neither of you have any right of occupation at all, so your brother can ask either or both of you to leave with 'reasonable notice', and use 'reasonable force' to remove you.
How you do this in practice after 22 years is a bit more tricky, but it's for your brother to decide that, not you, since you have no more rights than your husband.

MalMonroe

I think pphillips has the best idea. If you click on the link provided, it's very informative and you can serve one of those notices on your husband. Or rather, your brother can - and should, since it's his property. From what you say, it appears that your brother is aware of your situation. I think you may have to be careful though, about when and how one of those notices is served. And once he's gone, think about asking your brother to change the locks! 

MalMonroe

macman said:

No rent paid, no services at all rendered in lieu of rent? Then you are neither tenants nor lodgers. Merely guests, or in legal terms 'excluded occupiers'. So no need to obtain a possession order or evict. Neither of you have any right of occupation at all, so your brother can ask either or both of you to leave with 'reasonable notice', and use 'reasonable force' to remove you.
How you do this in practice after 22 years is a bit more tricky, but it's for your brother to decide that, not you, since you have no more rights than your husband.

How is this helpful? As with other comments of yours in this forum, it isn't!

macman

MalMonroe said:

macman said:

No rent paid, no services at all rendered in lieu of rent? Then you are neither tenants nor lodgers. Merely guests, or in legal terms 'excluded occupiers'. So no need to obtain a possession order or evict. Neither of you have any right of occupation at all, so your brother can ask either or both of you to leave with 'reasonable notice', and use 'reasonable force' to remove you.
How you do this in practice after 22 years is a bit more tricky, but it's for your brother to decide that, not you, since you have no more rights than your husband.

How is this helpful? As with other comments of yours in this forum, it isn't!

It's helpful, because it explains the OP's actual legal position re. her occupation of the property. Why on earth would you apply for a court order, which will require both parties to appear before a judge, and for the OP to prove, on the balance of probabilities, that abuse has taken place? It's traumatic, expensive (assuming she will need a lawyer to present her case to best advantage) and could take many months to obtain, with courts being backed up post-lockdown. And where is she going to live between service of the notice and the actual hearing, assuming that it's not going to be possible for her to reside in the property from that point on?
Whereas her brother can simply request him to leave with reasonable notice: perhaps 7 or 14 days. 
If the abuse or threats continue after he has left the property, then a non-molestation order is one of the legal remedies that could be used, although involving the police at that point would be the first action to take.
But thank you anyway for your kind words...

pphillips

I think we can all agree that both the OP and her husband have no right to occupy the marital home.
The application for an occupation order is applied for by the OP and served by the court on the husband.
The court must take into account the balance  of harm test and the needs test stated in section 33 of the Family Law Act 1996.
Although both non molestation and occupation applications are contained on the same form, they can be applied for separately or together and have different legal tests. For example, it's not necessary for any violence to have occurred to be granted an occupation order.

tacpot12

You will need to decide what will happen to any items you own jointly. You need to agree how these items will be split equitably. 

You will find it much easier if you leave at the same time. Move in with your brother for two weeks.  Move your possessions out, have your brother change the locks, and clear the property of his stuff to storage if he refuses to take it or cannot. You'll have to pay to store it until you can dispose of it. It would not be fair to ask your brother to pay for this. However, your brother should take the steps described here; you want him to be the bailee not you: https://www.propertyinvestmentproject.co.uk/blog/my-tenant-left-belongings-in-the-property/ 

The following should work as the notice to quit: 

[Excluded Occupier's full name]

[Address 1]

[Address 2]

[City/Town]

[County]

[Postcode]

Date: [Today’s date]

Reference: Your occupation of [Property address]

Dear [Excluded Occupiers name],

You are current an excluded occupier of [Property Address] as you have no tenancy agreement with me, the owner of the property. 

I am hereby giving you notice that I require you to vacate the property on or before [insert date]. Your should ensure that you have removed all your belongings from the property by that date.

It is important that you are aware that after the above date has passed, I do not need a court order to obtain possession because you are and have always been an excluded occupier.

For further information, please see this Shelter page about excluded occupiers: https://england.shelter.org.uk/housing_advice/private_renting/excluded_occupiers

Yours sincerely,

[Landlord Signature]

[Landlord Name]

[Landlord Address]

Comms69

MalMonroe said:

macman said:

No rent paid, no services at all rendered in lieu of rent? Then you are neither tenants nor lodgers. Merely guests, or in legal terms 'excluded occupiers'. So no need to obtain a possession order or evict. Neither of you have any right of occupation at all, so your brother can ask either or both of you to leave with 'reasonable notice', and use 'reasonable force' to remove you.
How you do this in practice after 22 years is a bit more tricky, but it's for your brother to decide that, not you, since you have no more rights than your husband.

How is this helpful? As with other comments of yours in this forum, it isn't!

Best advice so far that ive seen on this thread!

Practically speaking change the locks and get brother to confirm he's no longer welcome