How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 6170
Experience:  LLB (Hons)
96947008
Type Your Property Law Question Here...
SASH_Law is online now

I split with my ex partner after she took ab occupation

Customer Question

I split with my ex partner after she took ab occupation order out on me which has now ended but is refusing to give me a key
JA: What are you located? It matters because laws vary by location.
Customer: Buckinghamshire
JA: Has anything been filed or reported?
Customer: No
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
Submitted: 17 days ago.
Category: Property Law
Expert:  SASH_Law replied 17 days ago.

Hello, how are you today? 



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

Customer: replied 17 days ago.
OK thank you
Expert:  SASH_Law replied 17 days ago.

Is this a rented property or a jointly owned property?

How long was the OO for?

Customer: replied 17 days ago.
Rented, both on tenancy and one year
Expert:  SASH_Law replied 17 days ago.

When did it end?

Expert:  SASH_Law replied 17 days ago.

Can I see a copy of the OO please?  And any accompanying NMO.

Customer: replied 17 days ago.
the nmo ended aswell
Customer: replied 17 days ago.
February 2022
Customer: replied 17 days ago.
File attached (257QS11)
Customer: replied 17 days ago.
File attached (LZLQ7M7)
Expert:  SASH_Law replied 17 days ago.

Have any new orders been issued?

Customer: replied 17 days ago.
No
Customer: replied 17 days ago.
Do I need a solicitor to send her a letter?
Expert:  SASH_Law replied 17 days ago.

Has she had your name removed from the tenancy?

Customer: replied 17 days ago.
No. Still on the tenancy, I have a copy of the tenancy that has been sent to me by housing
Expert:  SASH_Law replied 17 days ago.

No, if the orders are over, you can communicate with her directly. However if she tells you to leave her alone and not contact her, then you should use a solicitor.

Even though legally you are on the tenancy and therefore entitled to live in the property, I would be extremely wary about you attempting to enter or move back into the property without first checking with her whether she actually wants you there.

I am surprised that she was not advised at the time of obtaining the OO and NMO to have you removed from the tenancy.  This is something that should have been resolved before this current situation arose, given that the moment the OO and NMO were over, your legal right was to re-enter and reside in the property.

The point behind this is that whilst you have a legal right, you had that before and she got orders against you. If, the moment those orders are over you move straight back in, the chances are she would be granted new orders again.

Customer: replied 17 days ago.
Last 3 weeks she hasn't stayed there and is making the rent arrears go up. Do you know a solicitors I could use
Expert:  SASH_Law replied 17 days ago.

You can find a solicitor here: solicitors.lawsociety.org.uk

Has she moved out?  If she has moved out there is nothing stopping you moving back in.

Customer: replied 17 days ago.
She is living at her mums
All my stuff is still in there
Expert:  SASH_Law replied 17 days ago.

Is she living at her mum's or just staying there?

Customer: replied 17 days ago.
Her mums is only 20 mins from our house.so she must be living there
Expert:  SASH_Law replied 17 days ago.

Either way, it is best to get a solicitor to write to her to inform her of your itnention to re-occupy the property.

Customer: replied 17 days ago.
Thanks will do
Expert:  SASH_Law replied 17 days ago.

You're very welcome.

Expert:  SASH_Law replied 17 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.


Please note that there is no need to respond to this message.



Thanks for using JA! All the best!