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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
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My gifriend refuses to leave my house after our break up. I

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My gifriend refuses to leave my house after our break up. I own the property, pay all the bills, she does not work, has no income. She moved in April, a few weeks ago...we broke up this week. She demands I let her stay at least half a year, while being verbally abusive. My small children from my marriage stay with me on weekends. Please advise.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No. Broke up this week. She only moved in a few weeks ago.....I thought she would leave upon break down.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: London. I need court involvement?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No. That's it

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can I ask why she is refusing to leave?

and there was no agreement about her staying when she moved in?

Customer: replied 2 days ago.
She is refusing to leave as she says she has no where to go and needs half a year to earn money to fund rent. Her mother lives nearby as do her friends. There was no formal agreement about her staying such as a lease. I own the property. She seems intent on revenge which is a concern as I have children at my property on weekends.

Assuming you have no children of the relationship, and assuming that she pays no rent, then she is simply an unwelcome guest and you would be at liberty to simply lock her out.

She has no financial interest in the property, no legal interest because she is not on the title deeds, and no tenancy.

She has no more right to stay in the property than I do, the postman does, or the milk or the next door neighbour.

Indeed, even if she paid rent she is only a lodger and you could exclude her from the property on one months notice.

I will explain a little more

Provided she shares some facilities, kitchen, bathroom, lounge, whatever, and his accommodation is not self-contained, then you do not need a court order to get her out and when the notice has expired, you can simply lock her out provided you give erm her belongings back.

Here it is from the government website.

https://www.gov.uk/rent-room-in-your-home/your-lodgers-tenancy-type

However in your situation she doesn’t even pay rent so when she goes out to the shops one day, but all her belongings on the doorstep and change the locks.  If she starts to be awkward, call the police.

She clearly does have somewhere to go because she lived somewhere before she moved in a few weeks ago.

You might want to show her this answer and tell her that one day she is going to come back and find the locks changed.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Law Specialists are ready to help you