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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My cousin's house is in his name only. He has had a partner

Resolved Question:

My cousin's house is in his name only. He has had a partner for over 15 years living with him. She has moved out of the house about 4/5 weeks ago. Can he now change the locks so that she can't gain access whilst he's out. She came the other day and was verbally abusive and she wants to take certain things out of the house this week as she has a new apartment. She wants to come whilst he is out, can he insist that she only comes when he is present to ensure exactly what she is taking. Thank you very much
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Did she say that she was moving out permanently?
Kind regards
Tom
Customer: replied 2 years ago.

Yes, she did.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that she did not have an agreement as to the terms of her occupation of the property.
On this basis she would have been an excluded occupier, which means that she only has the right to receive reasonable notice of eviction. However, if she has stated that she was moving out permanently then she has probably waiver her rights as an occupier and her ex partner would be perfectly entitled to change the locks to the premises.
On this basis she would not have a right to insist upon access being given when he is not there. Therefore, she should comply with his requirement that he is also there. She should consider attending with a friend or representative when she does and, if she thinks he might get nasty, also inform the police that she will attend.
I am sorry that I could not have better news for you both.
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
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