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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am the sole owner of my mortgaged property. My partner lives

Customer Question

I am the sole owner of my mortgaged property. My partner lives with me and had to sign a disclaimer/deed of consent and charge with the bank when I took the mortgage out with them. What are my rights to evict him, change locks etc, now the relationship has broken down?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt do I understand correctly you are not married please?Does your partner pay any rent? If so how often?
Customer: replied 2 years ago.

Not married. Pays half mortgage (can it be construed as rent??) and half of all bills.

Expert:  Joshua replied 2 years ago.
Thanks. Is the mortgage a repayment mortgage or an interest only mortgage?Does your partner pay you the money or pay it direct to the mortgage lender?
Customer: replied 2 years ago.

Repayment mortgage. Partner pays myself direct each month.

Expert:  Joshua replied 2 years ago.
Thank you. Generally the position is very straightforward as I will outline below but there is a potential trap you will need to be careful to avoid. If you accept that he pays half your mortgage and that mortgage is a repayment mortgage it is feasible for him to claim he has made capital payments towards your property (the repayment of capital not the interest) and therefore has an equitable (money) interest in your property. If he establshes this he can also establish a right of occupation until the matter is settled potentially by you repying him the interest he claims. In short this has the potentially to be very messy and potentially costly.Therefore if possible it would be prudent to contend the money he pays to you each month is rent. If this is the case then this precludes any of the above and his position is that of excluded occupier paying rent.If this is the case then he is entitled to minimum written notice equal to one rent period (here the rent period is one month if he pays rent monthly) which notice should come to an end (the vacation day) the day before rent has customarily being paid if it is on the same day each month. You should retain a copy of the notice you provide.If he refuses to move out, you can simply following expiry of the notice, change the locks whilst he is out and refused to readmit him and necessary, call the police if there is a breach of the peace as a result. If you are forced to take this action, you have a duty of care in respect of his belongings and must arrange a mutually convenient time place or method to return those belonging safely though you need not necessarily readmit him into the property to retrieve themCan I help you with anything else or have I been able to help you with all your questions on the above?
Expert:  Joshua replied 2 years ago.
Can I help you with anything else or have I been able to help you with all your questions on the above?
Expert:  Joshua replied 2 years ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.