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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My father lives in my property and shares the kitchen and

Customer Question

My father lives in my property and shares the kitchen and other rooms, refuses to pay anything and has done since December last year. He became abusive in January and I got a solicitor to give him 28 days notice. he applied to high court for injunction which has ended now. At first he claimed he was entitled to live here and a trial date was set. However his solicitor contacted me in Mrach and said that my father had decided to drop the claim and would be out by May 4th.
He has not gone and in between time he has made claims about me to the police and I am not able to contact him until investigation complete. I want to know if I am legally entitled to change the locks as I have read this on citizens advice ans shelter websites now as he is an excluded occupier.
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Does he just rent a room in the house?
Alex

Expert:  Clare replied 5 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

Given the fact that there has already been an Injunction rather than change the locks immediately I would suggest that you write to his solicitor and say that given that he did NOT leave on 4th May as agreed then you do intend to change the locks after a further 14 days - and do it then.

Please ask if you need further details

Customer: replied 5 months ago.
His solicitor has already stated that he no longer acts for him and I am to contact my father directly, which I am unable to do. I have needed to install cctv in the kitchen as he is abusive.
as I understand it I do not have to give him notice if he is behaving badly...he assaulted my partner last week and has been given a warning by the police twice already...therefore I do not want to give him notice...and reading citizens advice and shelter I do not need to give notice...
Customer: replied 5 months ago.
Also he has been given plenty of notice and he has already stated via his son that he is going to live with him and he lives next door....he goes there everyday but has done nothing to communicate that he is going...its an untenable situation and making us all ill...its like a prison ...I have a non molestation order against his son, September last year and he has breached that and ben found guilty twice and he has two further charges, including death threats...trial and sentencing in august....I am unable to work and I need to get him out to sell my house...
Expert:  Clare replied 5 months ago.

In that case stick a notice up in the kitchen

The websites give an overview - headlines only.

In your case your father has already shown he is able to use the legal system against you and he would be entitled to apply for a Occupation Order using Family Law if you simply change the locks

Customer: replied 5 months ago.
Ok but he would need to apply to court and that would take time and he wouldn't be allowed to eneter the house until finalised would he...? and it would be a criminal offence if he broke in wouldn't it?
Customer: replied 5 months ago.
p.s roughly how long would it take too?
Expert:  Clare replied 5 months ago.

He could be back in within 24 hours.

However if you send a letter to his at his son's house then in two weeks time you can permanently exclude him for good

Customer: replied 5 months ago.
Sorry I don't understand...?
Customer: replied 5 months ago.
Are you saying that if I write to him giving him notice of two weeks before I change the locks...this will permanently exclude him? He could apply for an order in that time though...whats the difference?
Customer: replied 5 months ago.
he refuses to communicate with anyone in the household and i cannot write to his son as i have a non mol oder against him
he refuses to pay any monies and because of his false allegations against me i am unable to work at the school where i was employed as a teacher on a supply basis...he is abusive to me and my partner , who is also a teacher and as a homeowner i feel that i have the right to change the locks because he has been given enough notice
Expert:  Clare replied 5 months ago.

You are free to change the locks.

However he can then apply to the Court and try and obtain an Order allowing him to return there for a period of time whilst he "finds somewhere else to live"

Alternatively you can give him two weeks written notice = posted to HIM vs his son's house - and stuck up in the kitchen (take pictures) and then change the locks.

Hw will have no grounds to apply to the court if you do this

Customer: replied 5 months ago.
I am unable to communicate with him until investigation finished though so my only course of action in the meantime is the first one...change the locks..
It is then a criminal offence for him to break in then isn't it....?
Expert:  Ash replied 5 months ago.

Yes that is correct. He needs a Court order.

Does that help? Alex

Expert:  Ash replied 5 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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