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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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How do I get my ex girl friend to move out of my house, we

Customer Question

How do I get my ex girl friend to move out of my house, we have a 2 yr old and she has been living there since Christmas, I moved out, and am living with my mum, the house is in my name. She has been offered housing benefit but says she cannot afford the deposit. I have written a letter which gives her 8 weeks to leave which I have not sent yet because I do not know the legal implications
Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.

Matt Jones :

Hi I will try and help

Matt Jones :

can I just check is the house in your name only?

Matt Jones :

and has she contributed to the deposit or mortgage? and has she ever paid you rent at all ?

Customer:

She did not contribute to the deposit, the house is in my name only, the mortgage came from my account only, since we moved in , at the end of December, she had done some small haidressing which contributed to house hold bills. She has never paid rent

Matt Jones :

Ok thanks.

Customer:

Miss Danielle Foster


66 Jubilee Pastures


Middlewich


Cheshire


CW10 0AS


07/04/2014





SUBJECT – VACATION OF PROPERTY



Dear Miss Foster.



Kindly consider this letter as written notice to vacate the house located at 66 Jubilee Pastures, Middlewich, Cheshire, CW10 0AS, within 8 weeks. The notice period shall begin from the day this notice is received by you.



It has been noted that you are struggling to afford to save for a deposit for a new premises, despite the offer of money to yourself from Mr David Mounfield (Owner of the aforementioned property). You are also unwilling to seek government help in order to accumulate this deposit.



All furniture, fixtures and fittings are to remain intact and undamaged at the premises on the day of vacation. If Miss Danielle Foster would like to request any items from the premises this must be communicated in writing to Mr David Mounfield.



All keys relating to the property must be handed over to Mr David Mounfield on the day of vacation also.



As agreed verbally you will be paying for the following from the date in which Mr David Mounfield move out of the property which was 8th February 2014 up until the date of vacation.



  • Council Tax

  • Gas - £50 to be paid to Mr David Mounfield monthly

  • Electricity - £50 to be paid to Mr David Mounfield monthly

  • Water - £50 to be paid to Mr David Mounfield monthly



If no accommodation is found by this date Mr David Mounfield will provide accommodation on a full time basis for Master Oscar Owen Mounfield. This will be until suitable accommodation has been found by Miss Danielle Foster. During this period no child maintenance will be paid to Miss Danielle Foster.




Regards



David Mounfield

Customer:

This is a copy of the letter which I would like to send

Matt Jones :

can i just check as well. When you bought your property did you ever say or write something along the lines of "I know this property is in my name but i consider it ours?" or words to that effect?

Customer:

Nothing was written like this or said like this

Customer:

But may have been discussed in the terms of our house when talking about it

Matt Jones :

thanks

Matt Jones :

firstly as your ex is not paying rent she doesn't have the same rights as a residential tenant. She is remaining in the property as a "licencee". This means that once you withdraw the "licence" she has to move out. the contents of your letter seem fairly well set out and provide reasonable notice to vacate. if she hasn't left by the end date you can change the locks. if she remains in the property you cant obviously physically remove her as this could amount to an assault. You will need to apply for a court order and then request a Court bailiff to attend.

Customer:

Ok thanks Matt, can i come back to this subject again if i need to?

Matt Jones :

the reason i asked about the statement you made as this can in certain circumstance mean that a person gains a right to a property by something called a "resultant trust". however from what you have said this doesn't look like it will be the case here.

Matt Jones :

if you leave me positive feedback the question wont close and you can ask any follow up questions you feel you wish to later down the line. additionally if you wish to speak to me directly i can offer this additional service for a one off fee and you can call me on my mobile direct. Let me know if this is something you would like to do either now or later down the line.

Customer:

Ok thanks I will leave the positive feedback now and let you know how I wwant to proceed in the future.

Matt Jones :

many thanks. all the best

Matt Jones :

to leave feedback just click on the smiley face

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
Matt Jones and other Law Specialists are ready to help you
Expert:  Clare replied 3 years ago.
HiYou do also need to be aware than under Schedule 1 of the Children Act you are under a duty to help house your child until the child is 18 - and if your ex applies to the court she could be granted the right to remain in the property until thenTo avoid this it could be worth negotiating a Lump Sum payment to ensure that she can indeed rehouse herself and the child adequatelyClare