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Hi I will try and help
can I just check is the house in your name only?
and has she contributed to the deposit or mortgage? and has she ever paid you rent at all ?
She did not contribute to the deposit, the house is in my name only, the mortgage came from my account only, since we moved in , at the end of December, she had done some small haidressing which contributed to house hold bills. She has never paid rent
Miss Danielle Foster
66 Jubilee Pastures
SUBJECT – VACATION OF PROPERTY
Dear Miss Foster.
Kindly consider this letter as written notice to vacate the house located at 66 Jubilee Pastures, Middlewich, Cheshire, CW10 0AS, within 8 weeks. The notice period shall begin from the day this notice is received by you.
It has been noted that you are struggling to afford to save for a deposit for a new premises, despite the offer of money to yourself from Mr David Mounfield (Owner of the aforementioned property). You are also unwilling to seek government help in order to accumulate this deposit.
All furniture, fixtures and fittings are to remain intact and undamaged at the premises on the day of vacation. If Miss Danielle Foster would like to request any items from the premises this must be communicated in writing to Mr David Mounfield.
All keys relating to the property must be handed over to Mr David Mounfield on the day of vacation also.
As agreed verbally you will be paying for the following from the date in which Mr David Mounfield move out of the property which was 8th February 2014 up until the date of vacation.
If no accommodation is found by this date Mr David Mounfield will provide accommodation on a full time basis for Master Oscar Owen Mounfield. This will be until suitable accommodation has been found by Miss Danielle Foster. During this period no child maintenance will be paid to Miss Danielle Foster.
This is a copy of the letter which I would like to send
can i just check as well. When you bought your property did you ever say or write something along the lines of "I know this property is in my name but i consider it ours?" or words to that effect?
Nothing was written like this or said like this
But may have been discussed in the terms of our house when talking about it
firstly as your ex is not paying rent she doesn't have the same rights as a residential tenant. She is remaining in the property as a "licencee". This means that once you withdraw the "licence" she has to move out. the contents of your letter seem fairly well set out and provide reasonable notice to vacate. if she hasn't left by the end date you can change the locks. if she remains in the property you cant obviously physically remove her as this could amount to an assault. You will need to apply for a court order and then request a Court bailiff to attend.
Ok thanks Matt, can i come back to this subject again if i need to?
the reason i asked about the statement you made as this can in certain circumstance mean that a person gains a right to a property by something called a "resultant trust". however from what you have said this doesn't look like it will be the case here.
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Ok thanks I will leave the positive feedback now and let you know how I wwant to proceed in the future.
many thanks. all the best
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