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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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MY BROTHER IS IN AN ABUSIVE RELATIONSHIP AND NEEDS TO GET HIS

Resolved Question:

MY BROTHER IS IN AN ABUSIVE RELATIONSHIP AND NEEDS TO GET HIS GIRLFRIEND OUT OF HIS HOUSE
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are there any children of the relationship?

How does your brother occupy the property, does he own or rent it?

Kind regards,

Tom
Customer: replied 3 years ago.

no children


 


the house was our family home it is now owned by my two sons with my brother legally tied in to remain in the house for life

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Can you explain what you mean by your brother being "legally tied" to remain in the house?

Does he have a tenancy agreement or do you simply let him stay their informally?

Kind regards,

Tom
Customer: replied 3 years ago.

no he has a legal agreement to remain for life

Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Were their any agreed terms for the girlfriend's occupation?

Did you agree how long she could stay?

Does she pay rent?

Kind regards,


Tom
Customer: replied 3 years ago.

no to all questions

Expert:  Thomas replied 3 years ago.
Thanks. Drafting your answer now. 5mins please.

Tom
Expert:  Thomas replied 3 years ago.
Hi,

Sorry, one more thing.

Could you please confirm how long she has lived there?

Kind regards,

Tom
Customer: replied 3 years ago.

2 year about. but he has put up with her drinking and abuse for that time and police have been involved

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If there are no children of the relationship and there was no agreed terms as to her occupation (eg. rent, length of term etc) then she would probably be regarded as an excluded occupier.

This means that she does not have many rights. However, one right that she does have is to received “reasonable written notice of eviction”. Unfortunately, there are no set rules about what is reasonable.

Given the length of time that she has occupied the property I would think that 8 weeks notice would be sufficient. The notice would have to be in writing (eg a letter) stating the notice period (it must start after she has received the letter, stating that she is an excluded occupier and that the notice is for eviction. The letter should probably be signed by your brother and also the registered proprietors of the property (so your sons if they are noted as such on the registered title for the property.

I say 8 weeks to be safe, you might get away with slightly less.

There is no legal requirement to apply for a court order for possession (though you can do so if you like) so once the notice has expired you can change the locks when she is out). You may consider instructing bailiffs to effect the eviction once the notice has expired if you think she might either get nasty or allege assault.

The abuse that your brother has suffered does not really afford any additional rights in terms of getting her out the property unless there is a court order excluding her from being near him (eg. in the form of a non-molestation order from county court).


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Thank you for your help can I ask just one more question does his bi polar disorder making him a vulnerable adult put him in a position to ask for a court order for non molestation and verbal and mental abuse

Expert:  Thomas replied 3 years ago.
Hi,

It would probably form part of the consideration of whether or not an order should be granted.

To be honest though, I would serve the notice now because it can take a while to get a non-molestation order. Probably the majority of the notice period would expire before he was able to get a non-mol order and whether or not an order is made very much turns on the facts of the case so it's not guaranteed.

Kind regards,

Tom
Customer: replied 3 years ago.

how do i apply for a non molestation order

Expert:  Thomas replied 3 years ago.
Hi,

You would need to instruct a solicitor to it for you, really. It's not the sort of thing you should attempt to do yourself if she has been violent towards him..

Tom
Customer: replied 3 years ago.

Thank you Tom I will get a solicitor to meet with my brother my aunt who although in her lat 70's can go with him to help. I live in London and He is in manchester so I will do what I can from here

Expert:  Thomas replied 3 years ago.
Yes, good luck.

Kind regards,


Tom
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