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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
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I rent a house with partner . He is on lease I pay rent by

Customer Question

I rent a house with partner . He is on lease I pay rent by d debit for full amount of1035 and he has a standing order of 220 to me
I was assaulted whilst pregnant by him and he was put on bail as I was in hospital for 6 days
He is off bail as I have not pressed charges as of yet and he is with his parents and I with friends. He cancelled his s order to me 4 weeks ago as well!!
For 6 weeks I called about 8 times left messages about his stuff and 2 emails for which I got read receipts. I gave him a date of 15 may to move his stuff out. The tenancy does not run out till end of June but I need time to go in and out without fear and move my stuff slowly esp with pregnancy. I have not got rid of most of his items.
Unfortunately without malice the locks broke- the estate agent is aware and he has no key- although I informed him of this.
Only the day before he made contact with me asking to come around the next day .....!!to pick some items ( although irrelevant I know he has golf planned in next few days)
I obv don't have his stuff anymore and made it clear in my 2 emails that I would dump his items
Where do I stand?
What are his rights?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Are you asking if you have to give his goods back?
Customer: replied 3 years ago.
Yes and if I have infringed on any legalities?
Customer: replied 3 years ago.
Yes I need to know if I have infringed any legalities and also if he can rightfully have access to the house considering all the issues
Expert:  Jo C. replied 3 years ago.
Thanks.

Do you have any orders excluding him?

Has he agreed to be removed from the lease?

Is there any reason you haven't returned his personal effects?
Customer: replied 3 years ago.
No there is nothing of the sort. No orders no nothing. I have mailed him ( great receipts) left voicemails asking him to move things with no answer even though I gave him two final dates. As I said I need to have this over with and he is not interested
Expert:  Jo C. replied 3 years ago.
Thanks.

In terms of his personal effects, you have done nothing wrong at all. If you were withholding them then that would be different. You cannot do much more than offer him opportunities to collect. If he cannot be bothered to do so or suggest other convenient times then that is down to him. As long as you have records of the occasion that you spoke to him or mailed him then there is nothing he can do about that.

In terms of the lease, you cannot exclude him on this basis. If he is on the lease and has no bail conditions or other orders keeping him away then he is entitled to return as he wishes as indeed you are too. The fact that the relationship has broken down does not mean you can evict him as he cannot evict you.

If you have made allegations of violence then you could get a non molestation order although I'm not sure that you particularly want one? In any event, if this is not a fairly recent incident then it might be refused. Even if you did that wouldn't exclude him. You would need an occupation order of the property and that is a higher test. If you are leaving in June anyway then probably its not worth the expense.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Ok thanks . In terms of the change of the locks, the email to him state it's changed and that he needs to make contact with me his text only said that he wanted to pop in.
Do I need to offer a key to him?
Can I leave it to him to ask and if so do I need to oblige straight away?
Expert:  Jo C. replied 3 years ago.
You should really give him a key. If you don't he can break in and sue you for the cost of changing the locks although probably he would not succeed on a first occasion in circumstances where he could have just asked you for a key.

If he does ask then you do need to give him a key but if you are both leaving in June anyway then it will all come to an end very soon.
Customer: replied 3 years ago.
Ok thank you v much. I will offer a key if he asks for one.
Expert:  Jo C. replied 3 years ago.
No problem. All the best.

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