Ex won't move out....

Comms69

cooltt said:

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.

And the best part is that letter cost her £200 minimum

MoneySeeker1

cooltt said:

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.

Agree with every word you've posted.

Goodness only knows what makes some people feel so "entitled" to have something they have absolutely no right whatsoever to - either legally or morally - but these people do exist (unfortunately) and they do often "try it on" (unfortunately).

I think a lot of us have been in that sort of position. We always have to bear in mind many solicitors will write a "Horrible Letter" - but it is only because they want to earn a bit of money from the "person in the wrong" - but they don't actually "believe in it" themselves.

I still wonder if the questioner is a friend of the girlfriend concerned...

SpiderLegs

I want to know what @Angela_D_3 thinks the ‘correct’ process is in this case.

we know it starts with a pointless solicitors letter, but I’m not sure what benefit that has other than to give the ‘victim’ some idea that they are about to slung out.

TBagpuss

I'm assuming that Angela_D_3 is in Scotland as the advice she quoted related to Scottish law.

Assuming that OP in England the position is different and the ex (assuming that are not married or in a civil partnership) doesn't have any right to occupy the property.

An Occupation order would only be made if the court were satisfied that that the risk of harm to them if the order was not made was greater than the risk of harm to the OP if it was. They would have to take into account all the factors including which of them was already on the lease - it's very unlikely that they would grant an order in the absence of evidence of violence by OP , particularly as it appears that Ex has assets and property so would be able to find alternative accommodation fairly easily.  Even if the ex alleged that OP was violent a court might well not grant an occupation order if they were satisfied that she could get alternative accommodation reasonably easily, and would not make an order without OP having the chance to give their side of the story.

For that reason, giving her notice and a reasonable time to remove her stuff is wise - consider sending her an e-mail making clear that you need her to move out within (say) 14 days and if you do go down the route of changing the locks the write again as soon as you have done so to let her know that you will of course facilitate her attending to collect her possessions, at a mutually convenient time  and requesting that she let you know when she would like to do so. This makes it much harder for her to claim that you have thrown her out without notice or that you are withholding stuff which belongs to her.

Comms69

Though to clarify, being thrown out is not the test taken for an occupation order. 

3card

The OP says that the tenancy is in the single name so if things became messy and the OP did leave through the frustration of it all what is the legal right of the landlord of the ex staying there?
Surely she has no legal status if shes not named 
Obviously i understand that the OP would be obliged to pay the rent, council tax, etc until the end of tenancy is complete

mimi1234

Look up your local council's housing options / solutions service.  Give them a call and ask for a callback.  They will be able to tell you your rights.  I can't be certain but if it's just your name on the rental agreement, you can kick her out.  Better to have it confirmed first though.  

Callbacks tend to be done within a few hours so you will get an answer and they are experts.

Slithery

mimi1234 said:

Look up your local council's housing options / solutions service.  Give them a call and ask for a callback.  They will be able to tell you your rights.

This has absolutely nothing to do with the local council. Would you ask a plumber for advice on how to fix your electrics?

Angela_D_3

SpiderLegs said:

I want to know what @Angela_D_3 thinks the ‘correct’ process is in this case.

we know it starts with a pointless solicitors letter, but I’m not sure what benefit that has other than to give the ‘victim’ some idea that they are about to slung out.

The solicitors letter protects you from the occupation order.   No skin off my nose if you want to go around changing locks and man handling people but if it bites you on the !!!!!! you've lived by the sword and will die by it I guess.

wilfred30

Thank god the school's are going back soon!