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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 4246
Experience:  Freelance Solicitor at Self Employed
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I have lived in my current house for 23 yrs it’s a council

Customer Question

I have lived in my current house for 23 yrs it’s a council property my partener has lived here for 11 yrs but is not on the tenancy am I within my rights to ask him to leave as the relationship has broken down
JA: Where are you? It matters because laws vary by location.
Customer: Windsor Berkshire
JA: What steps have you taken so far?
Customer: nothing yet as just seeing where I stand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: am I within my rights to change the locks - he’s refusing to move out - says he’ll go when he’s ready - he has already been to the council and put his name on there list - he said they told him I cannot throw him out
Submitted: 7 days ago.
Category: Property Law
Expert:  Vineet S replied 7 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today. Please note, Just Answer is an information sharing platform in a Q/A format and does not provide legal representation in any form and as such no legal lawyer/client relationship is formed.

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I will go through your question and will get back to you with my answer shortly.

Expert:  Vineet S replied 7 days ago.

Hi there,

You can apply for an Occupation order for that property.

An occupation order is a court order which specifies who is and who is not able to live in the family home and/or who can enter the surrounding area. An occupation order can also be used to gain the right to return to the family home

Courts can consider factors such as the housing needs of those involved in the order (and any children involved) and the behaviour of the applicant and the respondent.

The impact upon the health (both mental and physical) of those involved, can also be considered.

Please click below web link for form-

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866783/fl401-eng.pdf

Expert:  Vineet S replied 7 days ago.

if your husband fails to move out after occupation orders, then he can be arrested and fined for non-obeying court orders. 

The penalty for breaching an occupation order is punishable by up to two years in prison or a fine of up to £5,000.


Expert:  Vineet S replied 7 days ago.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 7 days ago.
Thank you that’s very helpful
Expert:  Vineet S replied 7 days ago.

Most welcome. Kind regards