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Ex won't move out....

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Comments

  • Angela_D_3
    Angela_D_3 Posts: 1,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 18 January 2024 at 8:20PM
    Comms69 said:
    Hmmm, similar scenario here several years ago, my ex-partner/houseguest refused to move out, i sought legal advice and was told under no circumstances must i change the locks or do anything that would be confrontational.
    The law taking my side was a 50-50 chance and Mediation was advised rather than allowing it to go to court.
    It was not a good time, partner had everything to gain and i had everything to lose, it ended up with me having to give 50% of everything i had - me, successful self employed - him minimum wage scrounger.
    Not happy and still angry - me that is.
    OP, tread carefully and double risk assess everything.
    Who did you get that advice from???!!! 

    Christ i've literally got a 101 operator sacked for less than this. I phoned up the police informing them i was changing the locks and there may be  BOP; operator said i cant do that, illegal, id be arrested. I complained; 2 weeks later her supervisor phoned me up and told me she'd been dismissed. 

    You were screwed over by someone, and if it was a solicitor, i'd be taking this to the SRA.
    Why doesn't that surprise me ?   You tried to complain. The supervisor would not have told you she'd been dismissed, utter !!!!!!.  
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Comms69 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.
    Protects who from the occupation order?  You're talking total cobblers.  Even the information from Shelter Scotland that you copied and added your own rubbish in italics to at the bottom doesn't support what you are claiming.
    It protects the OP from an occupation order and having yo pay her rent whilst sits legally resolved.  
    Just because you shout lots and use rude words doesn’t make you right.  You are wrong.  
    So if i get a solicitor to write you a letter saying i'm moving in, and then i do, i'm protected from you kicking me out?... You seem to think solicitors letters are magic; they arent. They hold exactly zero weight. 
    You're being  ridiculous, the circumstances you describe are nothing like those in the OP and nothing like those I'm advising on.  I've no doubt you intend to carry on being ridiculous, I see reporting me got you nowhere.
    Solicitors letters hold a lot of weight with courts, they show willingness to resolve matters.
    There's no dispute to resolve! You're deliberately misleading people which is why so many others disagree with you. In fact only one person has loosely agreed. 

    Solicitors letters hold zero extra weight. None. 
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    edited 18 January 2024 at 8:20PM
    Comms69 said:
    Hmmm, similar scenario here several years ago, my ex-partner/houseguest refused to move out, i sought legal advice and was told under no circumstances must i change the locks or do anything that would be confrontational.
    The law taking my side was a 50-50 chance and Mediation was advised rather than allowing it to go to court.
    It was not a good time, partner had everything to gain and i had everything to lose, it ended up with me having to give 50% of everything i had - me, successful self employed - him minimum wage scrounger.
    Not happy and still angry - me that is.
    OP, tread carefully and double risk assess everything.
    Who did you get that advice from???!!! 

    Christ i've literally got a 101 operator sacked for less than this. I phoned up the police informing them i was changing the locks and there may be  BOP; operator said i cant do that, illegal, id be arrested. I complained; 2 weeks later her supervisor phoned me up and told me she'd been dismissed. 

    You were screwed over by someone, and if it was a solicitor, i'd be taking this to the SRA.
    Why doesn't that surprise me ?   You tried to complain. The supervisor would not have told you she'd been dismissed, utter !!!!!!.  
    Great, except that's exactly what happened. "the outcome of your complaint is we are unable to offer a local resolution, as she has been dismissed from her role. I have listened to the advice you were given and it is fundamentally incorrect, i apologise on behalf of ___ constabulary."
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    @Angela_D_3 where's the link to that case you were posting about, go on, send it. You know the person, so just google the name and it will come up. 
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The best way forward is to look for another rental property and move out! Most relationship when they don’t end well you just have to accept some loss in this case the rental property you love. You actually need to thank God you don’t own the house as that’s worse to deal with than trying to hold on to a rental property! Look for another place and tell her the move out date! 
    This is a really bad idea. OP is the tenant, the ex isn't. IF he were to move out then he would still be liable for the rent. If he ends the tenancy and ex doesn't move out, he would be on the hook for double rent until she did, plus all the legal and other costs incurred by the landlord in getting her out.
    The ONLY situation where it would make sense for him to move out would be if he negotiated with the landlord to end the lease early and have ex sign a new lease,  so he got his deposit back and had no further link to the property.

    But there doesn't appear to be any good reason for him to do so.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hello all
    I have taken legal advice, and a plan. I am getting a second opinion upon the legal advice.
    I then intend to execute the plan. I'll update you all as to what the plan is after I have executed it.
    Thanks

    Goodluck - please dont let certain posters scare you into submission. 
  • Hello all
    I have taken legal advice, and a plan. I am getting a second opinion upon the legal advice.
    I then intend to execute the plan. I'll update you all as to what the plan is after I have executed it.
    Thanks

     Thank you and good luck 🤞🏾♥️
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    We are all on the edge of our seats.  Don't let us down now!
  • (Anyone else a bit worried about Donewithnow's use of the term 'execute'?)
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