Ex won't move out....

Angela_D_3

Comms69 said:

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?.....

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

MoneySeeker1

Not to mention she'll have no proof she has contributed towards OP's household bills - because she hasn't done so.

She's just a (somewhat longstaying "house guest") and, I would say, on a par with a house guest that one has invited for a weekend or week or similar. House guests do not have any rights.

Comms69

Angela_D_3 said:

Comms69 said:

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?.....

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

Even better, post the link. Go on, prove it. 

The facts are you can, quite legally, remove an ex partner from your property, using reasonable force, with in effect no notice. You're talking rubbish. 

Angela_D_3

Comms69 said:

Angela_D_3 said:

Comms69 said:

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?.....

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

Even better, post the link. Go on, prove it. 

The facts are you can, quite legally, remove an ex partner from your property, using reasonable force, with in effect no notice. You're talking rubbish. 

And if they are granted an occupation order you'll be moving straight back out yourself.  You're talking rubbish.

Comms69

Angela_D_3 said:

Comms69 said:

Angela_D_3 said:

Comms69 said:

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?.....

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

Even better, post the link. Go on, prove it. 

The facts are you can, quite legally, remove an ex partner from your property, using reasonable force, with in effect no notice. You're talking rubbish. 

And if they are granted an occupation order you'll be moving straight back out yourself.  You're talking rubbish.

'if'.... and if i win the lottery, i'll be buying a sports car.... 

Nothing you've said invalidates my point. The means of eviction has zero bearing on if an occupation order is granted. and you still refuse to post the link. I'll let other posters decide who to listen to.....

SpiderLegs

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.

Thanks.
Having read that and given what info the OP has provided i would still change the locks.

macman

As above, change the locks when she is out. The risk with physical removal is that you cannot predict how she might react, and that's where it turns into a potential assault, which, unless witnesses are present, will be a case of 'he said, she said' should the police become involved.

AdrianC

Comms69 said:

Angela_D_3 said:

Comms69 said:

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?.....

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

Even better, post the link. Go on, prove it. 

The facts are you can, quite legally, remove an ex partner from your property, using reasonable force, with in effect no notice. You're talking rubbish. 

I rather suspect that the ex in Angela's situation was a joint owner or joint tenant. And that's explicitly not the situation for the OP.

As for the "single letter"... We have a friend who's been staying with us on-and-off for a few weeks. She's had post forwarded to us here, and has had eBay etc purchases sent here. Does that give her rights of occupation? Don't be ridiculous.

[Deleted User]

Angela_D_3 said:

And if they are granted an occupation order you'll be moving straight back out yourself.  You're talking rubbish.

 You really know how to talk out your backside. 

 Its a tenancy in the OPs name only. The ex is a guest and can be asked to leave with no notice. 

 No kids, no joint tenancy, no marriage = no occupation order. 

cooltt

Angela_D_3 said:

Do a google search i'm sure you'll find it.   The facts are one cannot go around chucking people out of their homes just because it's broken down.   Grow up and do things properly and then there's no recourse.

Dug yourself into a hole there haven't you.

Let me share my experience 8 years ago.
Ex lived with me did not contribute financially or listed on tenancy agreement. 
Asked her to leave, she refused, i waited until she went to work, i changed the locks. 
She came back with the Police, i refused to let her in, she demanded the police arrest me, police told her they were only there for breach of the peace. They asked if she could collect some things, i gave her 30 minutes, she had a tantrum taking ages packing things, i asked police to remove the trespasser. They dragged her from the property kicking and screaming, i thanked them and closed the door.

I received a solicitors letter 3 days later, she was suing me for illegally evicting her, i sent back a copy of the tenancy agreement and all bills in my name, i never heard from solicitor again. Ex came to collect her things 4 weeks later.