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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14320
Experience:  I have been practising for 30 years.
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I would like to ask my ex partner to leave the house, the

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I would like to ask my ex partner to leave the house, the morgage is in my name only. What type of eviction letter or notice do i need to give?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: i'm just starting to find out what i need to do, Citizens advice have advised me he has no legal right to remain in the home but as he has contributed he has some right to reimbersment of any money he has contributed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i don't think so

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

does he pay you rent?

how long have you been together in property?

 

Customer: replied 11 days ago.
we have been in the property for almost 6 years, he has always paid half of all bills including the cost of the mortgage but we have never had a rental agreement
Customer: replied 11 days ago.
He is only named on the council tax bill everything else is in my name
Customer: replied 11 days ago.
We are also not married

If the property is in your sole name and there are no children under 18 who would be made homeless by your actions, then what you have been told by citizens advice is absolutely correct.

If he was a lodger and paying rent, then he would be entitled to one months notice which need not necessarily be in writing as you appreciate, it is better if it is. A simple letter if sufficient.

When the notice expires, you don’t have to go to court, you can simply lock him out provided you give him his belongings back.

However he doesn’t pay rent. She may have contributed by putting in the kitchen or anything like that but he hasn’t paid rent and his financial interest separate from his right of occupation. He has no right of occupation and therefore you could simply lock him out now and give him his belongings back. He has no more right to stay in the property than the post man the milkman, or the man across the road who you invited in for a cup of tea very briefly. The fact that you may have been living together as a couple is irrelevant.

 

However he may have a financial claim to make against the house. Being named on the council tax bill is really neither here and are there although he could potentially argue that it gives him the right to some notice but it would only be 1 month.

 

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.

 

FES

 

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