Ex won't move out....

Comms69

Angela_D_3 said:

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 Once your partner has withdrawn their permission for you to share their home, you will no longer have a right to remain there, and there is nothing to stop your partner changing the locks on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.

Any reason you're quoting shelter scotland? 

I assume the italics bit is yours? You're typing nonsense, and im reporting it. You're anecdotal experience is irrelevant, either you're lying or the police were wrong. 

Angela_D_3

Comms69 said:

Angela_D_3 said:

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 Once your partner has withdrawn their permission for you to share their home, you will no longer have a right to remain there, and there is nothing to stop your partner changing the locks on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.

Any reason you're quoting shelter scotland? 

I assume the italics bit is yours? You're typing nonsense, and im reporting it. You're anecdotal experience is irrelevant, either you're lying or the police were wrong. 

It's relevant to both, report what you like.  I'm not the ex involved lol
The police were not wrong at all, breaching the peace is a criminal offense, forcably removing a person from a property is frowned upon and any levels of intimidation doesn't go down well with Judges should it get that far.

Angela_D_3

https://www.citizensadvice.org.uk/family/ending-a-relationship/if-you-were-living-together/your-ex-partner-is-trying-to-make-you-leave/
The point being she can apply for the right to stay and changing locks and carrying on like a lamb chop will strengthen her case if that's the route she decides to take.

Comms69

Angela_D_3 said:

Comms69 said:

Angela_D_3 said:

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.

Any reason you're quoting shelter scotland? 

I assume the italics bit is yours? You're typing nonsense, and im reporting it. You're anecdotal experience is irrelevant, either you're lying or the police were wrong. 

It's relevant to both, report what you like.  I'm not the ex involved lol
The police were not wrong at all, breaching the peace is a criminal offense, forcably removing a person from a property is frowned upon and any levels of intimidation doesn't go down well with Judges should it get that far.

I didnt say you were the ex involved, just that your experience is either lies, or the police were wrong. It's also not relevant to 'both' (assuming you mean relevant to E+W too)

Just for the edification of everyone else, since it's unclear where this poster lives. 

BOP is Scotland, is different to England. 

BOP in England refers to violence or damage to property in the presence of the owner. It has no bearing on your right to remove a trespasser, using reasonable force. 
It is not 'frowned upon' anymore than a bouncer removing a customer. 
The comment about judges and intimidation is just fantasy.

Basically whatever this poster says, ask for a link to confirm it. 

jimbog

Angela_D_3 said:

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 ?

'Return to sender - not known at this address'

MoneySeeker1

Comms69 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 

NO! Sorry but no! you dont get to spread that nonsense here! This is just total rubbish

Admits I'm wondering if Angela might be the ex (or a friend of hers).

Angela_D_3

MoneySeeker1 said:

Comms69 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 

NO! Sorry but no! you dont get to spread that nonsense here! This is just total rubbish

Admits I'm wondering if Angela might be the ex (or a friend of hers).

Can assure you i'm not but have witnessed this first hand and the outcome was blokey ended up having to move out of his own house and pay the rent for 6 months. He was lucky not to get costs awarded against.

MoneySeeker1

We must not forget OP could do a "tit for tat" of demanding payment done for work on her own house - so it wouldn't take that many hours at even an unskilled rate (say £10-£12 per hour - and that's the "cash in hand" rate and I'm guessing the official rate is higher than that) before she wasn't feeling too pleased at the size of the bill OP could present her with.

Personally, I'd be giving her 24 hours notice to go and telling her roughly how much I would otherwise be pursuing her for as payment for work I'd done on her house.

Angela_D_3

MoneySeeker1 said:

We must not forget OP could do a "tit for tat" of demanding payment done for work on her own house - so it wouldn't take that many hours at even an unskilled rate (say £10-£12 per hour - and that's the "cash in hand" rate and I'm guessing the official rate is higher than that) before she wasn't feeling too pleased at the size of the bill OP could present her with.

Personally, I'd be giving her 24 hours notice to go and telling her roughly how much I would otherwise be pursuing her for as payment for work I'd done on her house.

Well no because he'd have to have provided written evidence he quoted her before carrying out the work and she accepted the costs.   It's rather silly suggesting tit for tat when discussing legally enforcable matters.
Big boy pants on and do things properly, a solicitors letter giving notice would be the better route to take.

Comms69

Angela_D_3 said:

MoneySeeker1 said:

Comms69 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 

NO! Sorry but no! you dont get to spread that nonsense here! This is just total rubbish

Admits I'm wondering if Angela might be the ex (or a friend of hers).

Can assure you i'm not but have witnessed this first hand and the outcome was blokey ended up having to move out of his own house and pay the rent for 6 months. He was lucky not to get costs awarded against.

So you can provide a case name i can look up then?.....