Rights to evict

rappy2007

Hi, I have a council property of 13 years. 8 years of this has been with my ex partner. During the the first 7 years I have covered every bill for the household. Begrudgingly I discovered last year that my ex partner ( mother to our daughter. Has been earning far more than I do but didn’t disclose this to me. I asked her to take on some bills, ie energy and CT, she agreed to this but in February this year I found that she had become heavily in arrears on both those bills. This while she was arranging holidays for herself, paying for properties she bought in Asia and generally squandering on herself. Obvs I’m annoyed by the dynamics as I have been only working between school hours so I can look after our daughters needs. I drive my ex to work too. and back on the school run and reversed each afternoon! Working only between these hours. This has been the schedule for years and it’s left me teetering on the edge of affordability while she only puts her funds and finances on herself and I also suspect she earns more than I know about. She won’t disclose it. 

However, she and I were never married as she refused to divorce her previous husband, as his name was used to get her visa to the UK. We were never in a civil partnership either and she has never been a name on my tenancy either. Our daughter calls her by her name and not mum, too. 

I’ve come to the end of my journey entertaining this user and I’ve given her a ‘notice to quit’ the house with 58 days until she is to leave. She is indifferent and doesn’t take this at all seriously. I’ve told her to talk to the local council, seek recourse to public funds (though she didn’t need it) talk to ‘Shelter’  and generally help herself out properly. But I’m not surprised that she is acting ignorant to all of this. She has read the notice to quit on email, WhatsApp and messenger. From the things I’ve found online, I have found that I am to give a household member fair notice to leave the house and I have but what can I do if she ignores this ? And have I made the right action to get her out? Could use some guidance on this as my life would be considerably better without her here. There is much more details into what has driven this decision but it’s a lot here so far. Anyone know what I can do to ensure she leaves? Regards 

Herzlos

If she's not named on the tenancy or any of the bills, I don't think she can document that she's got any right to stay there. 

I'd hand her a physical notice so that she can't ignore it, and then change the locks when the time is up. But you're better getting proper legal advice so I'd contact Shelter yourself to confirm you're doing it correctly. 

rappy2007

Thanks, I’ll contact shelter tomorrow 

Voyager2002

rappy2007 said:

Thanks, I’ll contact shelter tomorrow 

All the stuff about not paying bills and her income is completely irrelevant. All you need to tell Shelter is that the tenancy is in your sole name; that she is an ex and the mother of your child; and that you are the primary carer.

As a matter of interest, do you have parental responsibility?

rappy2007

Hi Voyager2002.

I am the main primary parental carer and I’m in receipt of child benefit. 

Currently I’m going through mediation to get something legal set up in regards to child arrangements. I’m the driver. Only Tenant on tenancy  and in regards to my daughter I am by far the main parent that meets her needs. But like I said, I’m currently seeking legal ways to ensure this remains this way. My ex has so far ignored the mediation requests to discuss arrangements about our daughter. 

elsien

Why on earth are you driving your ex to work? 

Voyager2002

rappy2007 said:

Hi Voyager2002.

I am the main primary parental carer and I’m in receipt of child benefit. 

Currently I’m going through mediation to get something legal set up in regards to child arrangements. I’m the driver. Only Tenant on tenancy  and in regards to my daughter I am by far the main parent that meets her needs. But like I said, I’m currently seeking legal ways to ensure this remains this way. My ex has so far ignored the mediation requests to discuss arrangements about our daughter. 

That sounds fairly solid.

I am concerned about the possibility that when ex moves, she insists on taking daughter with her (doing so would give her preferential treatment when seeking social housing). The fact that you receive Child Benefit is some official acknowledgment that you are the parent with care.

If it goes to court, ex's failure to engage with mediation is not going to help her.

silvercar

she and I were never married as she refused to divorce her previous husband, as his name was used to get her visa to the UK.

I’ve told her to talk to the local council, seek recourse to public funds 

It may be that she needs to remain married to the ex, in order to preserve her current right to remain in the UK and eventually to obtain 'indefinite leave to remain'.

I don't know enough about it, but she may not have recourse to public funds, given the above.

rappy2007

Her husband is American and lives in China, he’s never lived in the UK

Wonka_2

rappy2007 said:

Her husband is American and lives in China, he’s never lived in the UK

So what’s her nationality/visa status ?

And without being too blunt how far are you prepared to go to evict the mother of your child ? Homelessness ? Deportation ? And what impact does that have on your daughter ? 

grumpy_codger

Wonka_2 said:

rappy2007 said:

Her husband is American and lives in China, he’s never lived in the UK

....

And without being too blunt how far are you prepared to go to evict the mother of your child ? Homelessness ? Deportation ? And what impact does that have on your daughter ? 

How is this different from living in a rented accommodation and divorcing mother of one's own child?