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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70292
Experience:  Over 5 years in practice
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I am in rented accommodation with my husband of 8 years. The

Customer Question

I am in rented accommodation with my husband of 8 years. The agreement signed for rented house is in both our names.
I had to go away for a week and on my return found my belongings put out in bags and the locks changed.
My husband is still living at the property and will not let me in even though i still have things i own in the property.
The rent is paid out of our joint bank account which is still in existance.
I want to return to the house preferably with husband or if not without him.
What are my rites. Should the locks have been changed, can i gain access within the law, if he will not let me can i ask police to help me gain access.
A prompt reply would be appreciated as at moment i have no where to live.
Thanks
Mrs M Flook XXXXXXXXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What type of contract do you have please?
Customer: replied 3 years ago.

Just rented agreement with three months notice to be given by both parties.

Customer: replied 3 years ago.


For Jo C


jUST AN ORDINARY CONTRACT WHICH ALLOWS A 3 MONTH CANCELLATION PERIOD FOR BOTH PARTIES.


 


PLEASE CAN YOU ANSWER MY QUESTION AS HAVE NO WHERE TO SLEEP TONIGHT !


 

Expert:  Jo C. replied 3 years ago.
Sorry for the delay. I think the reason you are experiencing delay is that you keep posting before I've responded which pushes the question to the back of my list.

Your husband is not allowed to do this. This is the martial home and even if the property was in his sole name he cannot just lock you out.

If you owned the house you could break back in but since this is a rented property the situation is a bit different because the landlord can allege criminal damage.

He probably has no consent from the landlord to change the locks and the first thing that I would do would be to contact the landlord who may be able to resolve this.

The next thing is to see a solicitor who can write to your husband on an urgent basis, saying that if he does not let you in, you will make an emergency application to court for an injunction to make him. If the solicitor attaches a certificate of urgency to the application expressing why this is urgent because you have nowhere to live, then this could be in court in a day or two.

As this affects your home, you may be eligible for legal aid.

You are unlikely to get anywhere unless you see a solicitor because your husband is likely to simply ignore you so its a matter of urgency that you do.

Can I clarify anything for you?

Jo