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Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7673
Experience:  UK solicitor
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My partner has lived with me in my home for 6 years. I have

Customer Question

My partner has lived with me in my home for 6 years. I have been asking him to leave for the past 3 years and he refuses. I do not want to upset my family with this problem until I understand what my legal position is. He says he will leave if things don't get better but then refuses. What can I do please.?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Thanks for your question.
Do you own the property in your sole name?
Does he have any kind of agreement with your governing his occupation?
Are there any children of the relationship?
Kind regards
Customer: replied 3 years ago.

I own the property in my sole name. There are no children involved. There is no agreement governing his occupation. We have both made wills because he has put £17000 into alteration s which he will get back if anything happens to me. But I would reimburse this now if he left.

Expert:  Thomas replied 3 years ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If he does not have any agreement governing his occupation then he is an excluded occupier, which means that he does not have many rights.
One right he does have is the right to receive reasonable written notice of his eviction. So, you would have to serve notice on him to vacate at a given time in the future. There is no set definition of what “reasonable” but I would think 2 months notice would be okay.
If he does not move out once the notice has expired then technically you could change the lock without a court order, but you may still consider applying for a court order for possession before you do if you think he may become nasty so that you can get the court bailiffs to evict him.
As to the money he has spent on the property this can form the basis of a claim on the property to the amount he has spent. He would have to litigate to claim this though unless you were willing to agree to pay him it.
You are free to change your Will whenever you like though.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,