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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 2753
Experience:  LLB (Hons)
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My daughter and my grandson were given a council property. A

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Hi my daughter and my grandson were given a council property. A few months ago my daughter met her partner and he moved in. They were having arguments and my daughter went out for the evening with her friends and he locked her out of the property. My daughter and my grandson had to move in with us but she now wants to return to her flat, her ex partner is refusing to move out and is being verbally abusive when she asks him if he has found any where. Can you please advise how she can get him out of the flat. He is not on the tenancy.

Hi, I'm Lea and I have reviewed your query.

Has your daughter informed the landlord what has happened?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 6 months ago.
No she is afraid that she will lose the flat if she tells them

She has to tell them as the person in occupation is a trespasser. Once your daughter ended the relationship with him and asked him to leave, he no longer had a right to occupy.

Informing the landlord would mean that they could assist her to get him out. Alternatively she can call the police and ask for their assistance in removing him (as a trespasser) from her property. The civil route will take longer as she'll need to apply to the court for either an occupation order (to allow her to go back to the property and exclude him) or an eviction order.

If she applies for an occupation order she should also apply (on the same FL401 form) for a non molestation order to prevent him abusing her in future.

She could also return to the property when she knows he is not there, change the locks, pack his things up and put them outside. He has no right to remain.

Does that clarify her position?

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Customer: replied 6 months ago.
thank you for clarification.

You're very welcome.

All the best.