Ex won't move out....

Comms69

macman said:

She could in theory obtain an occupation order, but that does not prevent you from denying her access in the meantime. She's a guest only, so 24 hours notice should suffice.

A guest requires 2 minutes notice; and that is perfectly legal. The ex wont get an occupation order. 

Comms69

Donewithnow said:

Just to be clear, the ex has savings, a job, property etc. There are no children involved in this. I have paid the utility bills, council tax etc and have prove of doing so. She on the other hand has not contributed. She does receive correspondence at the house, and that includes her bank statements, credit card bills etc.
As far as I am concerned she can take all of her stuff and go. I renovated her rental property and managed the tenants in it. I want nothing from her, simply leave.

"You have 5 minutes to leave" then use reasonable force to remove her. Done.

macman

Comms69 said:

macman said:

She could in theory obtain an occupation order, but that does not prevent you from denying her access in the meantime. She's a guest only, so 24 hours notice should suffice.

A guest requires 2 minutes notice; and that is perfectly legal. The ex wont get an occupation order. 

I was being generous....
I didn't say she would, I simply said 'in theory'. Given that the OP has now confirmed there are no children involved, I agree with you that such an application is almost certain to fail.

Comms69

macman said:

Comms69 said:

macman said:

She could in theory obtain an occupation order, but that does not prevent you from denying her access in the meantime. She's a guest only, so 24 hours notice should suffice.

A guest requires 2 minutes notice; and that is perfectly legal. The ex wont get an occupation order. 

I was being generous....
I didn't say she would, I simply said 'in theory'. Given that the OP has now confirmed there are no children involved, I agree with you that such an application is almost certain to fail.

No, fair enough. Just dont like how people are scared to act as 'kings of the castles' because of hypotheticals. 

tom9980

The belt and braces way to deal with this is.

1. Ensure you can change the locks, use youtube to find video "how to" guides and then go and buy the locks required.
2. Wait for the lady to leave for work, then change the locks.
3. Call her and tell her she wont be residing in the property from this moment on. You will pack her a bag she can collect later and you can arrange for her belongings to be safely packed to be collected ASAP.
4. Call the local police and tell them you have had to evict an ex partner and that you are concerned there may be a breach of the peace and give them your name and address. Essentially you are covering yourself here if she claims DV or any other spurious revenge she may falsely claim against you. Better to be safe than sorry.
5. Carefully pack her stuff, catalogue it and photograph the lot give her no avenue to claim you stole anything or damaged belongings.
6. Try to have another person present when she comes to collect her things and video any conversations you have in person.

Good luck.

jimbog

Angela_D_3 said:

SpiderLegs said:

_shel said:

 Change the locks when she goes out 

Agreed.

Oh no you’ll be breaking the law if she has one piece of paper with her name at that address.  You need legal advice 

If I sent a letter addressed with my name on it to 10 Downing Street Boris will be well annoyed then

ratechaser

jimbog said:

Angela_D_3 said:

SpiderLegs said:

_shel said:

 Change the locks when she goes out 

Agreed.

Oh no you’ll be breaking the law if she has one piece of paper with her name at that address.  You need legal advice 

If I sent a letter addressed with my name on it to 10 Downing Street Boris will be well annoyed then

Well as a taxpayer funded residence, you probably have more right to reside at No.10 than the OPs ex does in his house!

GHolmesAdmin

Have you actually asked her to leave, and what reason is she giving for staying put?

Angela_D_3

I live with my partner but don't have occupancy rights granted

In this case your partner will be able to evict you without a court order if they give you reasonable notice. Once your partner has withdrawn their permission for you to share their home, you will no longer have a right to remain there, and there is nothing to stop your partner changing the locks on the property when you're out so you can't get back in.

If you refuse to leave, your partner can apply to the sheriff court for an order of ejection, or can even ask the police for help in getting you out. However, the police are unlikely to want to get involved if your partner doesn't have a court order.

If you don't want to leave, you'll need to apply to the court immediately for occupancy rights to be granted. This option is open to you whether you are in heterosexual, lesbian or gay relationship with your partner.

You may also be able to apply for occupancy rights after you have left the property. This will generally only be the case if you were forced out by a violent or abusive partner.

It's very bad advice to change locks or use any level of force.   If she has a bank statement or anything else in her possession with the address of the property on it the police will get involved should they be called.  I have first hand experience of this.

If you force her out and she has a police incident number and over eggs it, it's at least 50% likely she'll get an occupation order.

Angela_D_3

jimbog said:

Angela_D_3 said:

SpiderLegs said:

_shel said:

 Change the locks when she goes out 

Agreed.

Oh no you’ll be breaking the law if she has one piece of paper with her name at that address.  You need legal advice 

If I sent a letter addressed with my name on it to 10 Downing Street Boris will be well annoyed then

And how would that be in your possession ?  Number 10 forwarding your post to you are they ?