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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have not been getting on with my partner whom, I have asked

Customer Question

I have not been getting on with my partner whom, I have asked him to leave unfortunately he won't and is beginning to make my life hell! Threatening behaviour etc. we have a sone who is 12 and I feel this is unhealthy. We live in a rented property, which I signed the l
Tenancy agreement. I also have a house which I rent out. I would like to know what my legal rights are and if there is anything I can do to secure the least amount of hassle. He is a big bloke and as stated earlier can be aggressive and threatening. I do not want to leave the rented propery as it is where I keep my sons horses and he is settled here.

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Are you both named on the tenancy agreement please?

Customer : No just mine
Josh-2010 :

Thanks.

Josh-2010 :

If the tenancy is in your name then the starting point it that he will be an excluded occupier which means that he has no tenancy rights and accordingly you can simply ask him to leave giving reasonable notice and if he refuses to go you can simply change the locks.

Josh-2010 :

28 days is usually considered to be reasonable notice

Josh-2010 :

If you are concerned that he may be violent towards you you can obtain an injunction against him to exclude him from the property.

Josh-2010 :

You can do this by applying for a non molestation order. This is a court order aimed at preventing your partner from using or threatening violence against you or your child, or intimidating, harassing or pestering you, in order to ensure the health, safety and well-being of you and your child

Josh-2010 :

http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117

Josh-2010 :

A breach of a non-molestation order is now a criminal offence and can result ultimately in custody if your partner ignores it.

Josh-2010 :

Your partner must pay maintenance to you to support your child if the child together. You can also make an application under schedule 1 of the Childrens Act for further financial orders if he were to have any assets or property of his own.

Josh-2010 :

Is there anything above I can clarify further for you?

Customer : Does this non-molestation order mean he can't come near the house? He has threatened to smash stuff and set on fire, but in reality it's my word against his as its only when there is me and him there! He has been to prison in the past for fighting and is very nasty tempered.
Josh-2010 :

Yes a non molestation order can contain necessary provisions the judge considers necessary to prevent your partner from using or threatening violence against you and your son.

Josh-2010 :

To apply for a NMO you will need to make an affidavit (as statement on oath) to the court about the abuse you have experienced. You will need to be as precise as possible and include as far as possible the dates and times and the effects on you and your child. It will be useful if you have kept a record events, or if you have independent evidence, for example police reports or medical records but such supporting evidence is not a pre requisite as not everyone has it.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

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