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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16117
Experience:  I have been practising for 30 years.
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I am the sole named tenant on a rented property. I am

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i am the sole named tenant on a rented property. I am splitting up with my ex abusive partner after 30 years. I am handing back the current rented property and taking a new tenancy elsewhere. I have asked by ex partner to go but what are my rights if she refuses? The current landlord is saying as the tenancy agreement is in my name i have to liability to ensure she move out before the agreed date for me to hand the property back
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: i have issued a termination notice to my ex
JA: Where is the property located?
Customer: Newbury
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nope - just want to know what my rights are and does she have any?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

have you had police involvement at all?

does your landlord know about her abusive behaviour?

have you given her notice to leave yet?

Customer: replied 7 months ago.
i have reported the abusive behavour to the police this morning but no crime as such has been committed. The landlord is unaware of the abusive behavior of my ex partner. Yes i have given both my ex partner notice (written and signed termination notice) and the landlord has also received a tenancy cease letter from me
Customer: replied 7 months ago.
My question is simple. Can she refuse to leave as the tenancy is in my name

The landlord is correct that you are under a duty to make sure that any of your “guests” removes their belongings from the property and remove themselves from the property.

Having said that, if she refuses, I would simply walk away from it and tell the landlord to pursue her for it. If the landlord takes you to court then you need to defend the action on the basis that you have no control over this trespasser.

Actually trespassing in residential property has been a criminal offence since 2015 but the police will not do anything about this even though you have withdrawn consent. It isn’t even worth making the complaint.

However this person has presumably never paid rent and as such, they are simply a guest in the house, your house and you are actually entitled to simply lock them out without notice. They are no different than the postman or man across the road popped over for a cup of tea. It’s just that this person popped over for a cup of tea and stayed for a protracted period of time.

You do have to give the belongings back though.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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