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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have sent a letter to a person living in my house asking

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I have sent a letter to a person living in my house asking him to leave because he is verbally and physically abusive to me. He is my ex son-in-law and lives at my house with his 2 adult sons (my grandsons). I have had to call the police 4 times in the past.
He is in the room now harrassing me. He knows that I am suffering from high blood pressure and that I was told by my doctor yesterday that I am at extreme risk of a fatal heart attack or a stroke.
He has a support worker who works for SILS and he could easily get a place to live through them. I have the money to pay for a deposit and the rent in advance.
I have sent him a letter asking him to leave but he just tore it up.
I just can't put up with this treatment anymore.
Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.I am very sorry to hear of your circumstances. For the avoidance of doubt from what I understand your "ex SIL" lives with you in your home sharing facilities - e.g bathroom, kitchen etc but has his own room. Is that correct please?Does he pay you any rent or has he ever paid rent - if so when was the last time and how regularly did he used to pay?When did you write to him asking him to leave?Did you retain a copy?Do you also want your grandsons to leave or just him?
Customer: replied 2 years ago.

He shares the facilities as a member of the family and doesn't pay rent. He pays for his keep which includes food, petrol, clothes etc. He does not have a room of his own. He suffers from depression and is on long term sick.

I wrote to him today but he just tore it up. Yes, I kept a copy on my computer.

I don't want my grandsons to leave, just him.

Expert:  Joshua replied 2 years ago.
Thank you very much for the above.Based on what you say because he shares occupation with you and pays no rent he is an excluded occupier or "licensee". This means he has no right to contiue to occupy the property after you give him notice to leave. You are required to give him reasonable notice to leave but what is reasonable can take into account his behaviour and if he is threatening you you can consider a much shorter eriod of notice.You must serve him notice in writing and keep a copy for your records. It does not matter if he tears it up so long as you give it to him and keep a copy. Normally the amount of notice you should provide would be 28 days notice but this can be reduced if you are being threatened. You may wish to consider giving him a new notice (keeping a copy) clearly stating that you require him to leave your property within say either 7 or 14 days. If his behaviour is so poor that you are feeling threatened it may be appropriate for you to ask him to leave with less notice than that.Whatever date you decide is reasonable if he has not left by that date the simplest way to deal with the position is to refuse to allow him back into the house after he goes out. If you cannot secure the property from the inside you may need to have a locksmith change the locks while he is out. If you believe he will cause a scene when he returns or use violence you can call the police ahead of time when you expect him to return on the basis that you expect a breach of the peace. You will need to explain to them that he is an excluded occupier who does not pay rent and you have given him written notice to leave and he has refused and he is therefore a trespasser and you do not wish to allow him back into your property. You can also tell them about the threats and harrassment. The police should support you and instrut him to leave your property. You must return his things which you can either do at a time and place by agreement or under the supervision of the police. Do not allow him back into the home other than under police supervision. There is no need to obtain a court order to require him to leave as he is not a tenant and has no rights other than the right to reasonable written notice. If you require additional support the councils social services department have and adult abuse team specialising in support adults who are subject to abuse and the police also have specialist liason officers who assist with cunerable adult abuse. If you feel you need additional support consider contacting them for further assistance. Your doctor can probably put you in touch with them if you don't feel comfortable contacting them directly though they will be quite open to you to do so. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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