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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My girlfriend moved into my home August 2012. Since that time

Customer Question

My girlfriend moved into my home August 2012. Since that time due to her total unreasonable behaviour the relationship has broken down.
The house is owned mortgage in my name only. All bills paid by myself and no monies paid by her at all towards the upkeep or maintenance of the house.
I have explained to her that she should move out. Have given her written notice to leave on two occasions over the past months which she ignores.
What can I do please. If there is no alternative can I simply change the locks ?
She has a son age 13 who obviously lives here with her
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

For the avoidance of any doubt please may I confirm that I am correct in my assumption that her son you mention is not yours please?

Joshua :

May I ask is you have kept a copy of the notices you have given her and that from what you say you have given her more than a months notice?

Customer: The son is not mine I gave the notice in writing and confirmed it by txt.
Customer: To give a brief outline of the situation
Customer: The reason for the relationship breakdown is that she is totally convinced that I am constantly unfaithful with endless women. It is totally untrue and I have spent the last 18 months trying to prove to her that what she thinks has no truth to it .
Joshua :

Many thanks.

Joshua :

Your girlfriends position is that of excluded occupier - namely she has no tenant rights whatsoever beyond that afforded to her by the Protection Against Eviction Act.

Joshua :

This Act provides that she is entitled to reasonable notice from you - 28 days is considered reasonable usually - to vacate. If she ignores the notice then you cannot use force to remove her but you can simply change the locks whilst she is out.

Joshua :

You should be aware that becasue you were in a relationship she may be able to apply for an occupation order allowing her a further period of 3 months or more to allow her to find alternative accommodation. If she were to apply for such an order and was successful she could potentially obtain readmitance until the expiry of the order but if you have given her several months notice already and can show this then this would reduce the likelihood of the granting of an occupation order were she to apply for it - the purpose of such orders is to afford individuals in your girlfriends position reasonable time to find alternative accommodation, not to give long term tenancy rights to a property.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

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

Joshua :

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 though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello There are further things that I wish you to Clarify for me.

I am happy to make a further question payment if that is needed.

I only include the following update in case it has any bearing on the answers to my questions.


Last Sunday my ex left the house with her son. She took with her almost all of their personal belongings. In addition however she also took quality clothes belonging to me together with a quite expensive watch (for which I have a receipt) a ring that belonged to my late mother and the hard drive which she had removed from my laptop.


Then this morning I receive a text from her detailing a long list of household things (furniture) etc that she claims she wishes to collect.

Most of these were purchased while we were living together and neither of us can provide proof of who purchased them and I would have to think long and hard to remember who bought what.

In her txt she has said that she is going to arrange for police assistance to accompany her to remove the items from my home.

My questions are

1) What can I reasonably do to get the return of my personal things, in particular the expensive watch and my mothers ring.


2) Can she actually ask the police to accompany her to enter my property and remove items without proof she purchased them.


3) If she does turn up with the police can I simply refuse them entry.


Your advice would be appreciated Thank you

Expert:  Joshua replied 2 years ago.
No problem - if you want to to you can simply provide a further rating or add a bonus if you wish to do so

The police will not assist with the removal of items. They have no jurisdiction to decide who owns what in such circumstances. They will attend if there is a breach of the peace but they will tell her any claims she is a civil matter and she would have toissue proceedings in the county court.Having said that police can be inconsistent and if an officer takes it upon himself to tell you what she can and cannot take, though you must obey an order of a police officer, you may calmly and respectfully advise him that he has no authority to make determinations in what is a civil matter and suggest to him that he is acting beyond his legal authority and if he intends to proceedthen you will need to ask him for his badge number and ask him for a full inventory of the items he has ordered you to hand over and that you will be making a complaint and reserve your right to make a claim. However it is unlikely this will occur as police will tend not to get involved unless there is violence.

In terms of your questions:
1) If she has taken things which you can prove are yours, then you can issue proceedings in the county court for the return of those items or the replacement cost in lieu. The simplest way to issue proceedings is by using If you have evidence that something is yours then this will be conclusive but in many cases it will be for a judge to decide who he believes and what is fair.
2) I have dealt with this above I think. Please lte me know if you have queries on this.
3) I am not a criminal law specialist and am just checking on this point. I think I know the answer but want to confirm I am right. I will revert to you very shortly with confirmation on this point.

Is there anything above I can clarify for you (other than 3)?
Customer: replied 2 years ago.

Thank you again


I await your advice regarding question 3


Also one thing in your reply regarding violence has raised a further question. On the Saturday evening prior to my ex leaving on the Sunday my ex went out. I therefore locked the house so that she could not re enter. When she returned later night she made such a commotion outside that I had no alternative other than to let her in again. I attempted to get her to discuss things again but as usual she totally blanked me and continued with a phone conversation she was having with someone as she walked in the house. I asked her to please cut the phone call, as we really needed to sort this situation out. I told her that if she continued to totally ignore me I would have no alternative but to REALLY lock her out of my house. She then started shouting down the phone and said ''he is threatening me call the police''. At the time I laughed at her and said that she could not call the police because I wanted to talk to her.

I then left her to continue her telephone call, went to bed and fell to sleep. A little later I was woken up by a loud knocking on my bedroom door and a male voice telling me to open the door.

Two police officers were standing there and told me to get dressed and accompany them to the police station to answer some questions regarding my ex girlfriends accusation that earlier I had pushed her and caused her to trip over. It did not happen. I protested but was told in no uncertain terms that if I did not go with them they would arrest me. I therefore went with them being told that it was only procedure.


On arrival at the police station I was informed that I was being placed under arrest due to accusations of assault by my ex. I was questioned and made a statement. After about 3 hours I was told that no further action was going to be taken and because it was my house I could return there if I wished. They asked however if I had somewhere I could stay for the remainder of the night because my ex was very distressed and they were ''trying to sort things out with her''.

They also said that she had finally agreed to move out and would do so to stay with friends by the Sunday afternoon. I therefore agreed to stay away from the house until 4pm Sunday to allow this to take place. Question does this (even though nothing actually happened) increase the possibility of her having police assistance.

thank you


By the way how do I add the bonus Am I correct in saying I will be able to do kit on completion after I have rated your help ?


Expert:  Joshua replied 2 years ago.
I have double checked my view with a barrister that specialises in criminal matters re3 and my thoughts were essentially correct in that you can refuse entry to an officer unless he has a warrant. Her view is also much as above that they won't be interested in getting involved unless there is violence and so on.

Your main issue is to guard against unfounded allegations by her. You may ask a friend to be present when she attends to serve as a witness. Police can be useful if they are in attendance as they will control the situation with your ex partner if she "kicks off".The police have no powers to and generally little personal interest in becoming involved in what is a civil dispute regarding possession disputes. I do not consider the above incident is likely to alter this. The key thing is just to remain calm but firm. Police only get involved in such matters where there are threats of or actual violence. Leave this to your ex - this will harm her more than you if she attempts such bevaiour providing you remain calm and reasonableas police have no grounds against you unless you threaten her or become abusive or physically violent.

Re bonus - I think there is an option once you provide a rating but please do not feel at all obligated to do so.

I hope the above is of some assistance.

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