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Cheating partner: can I change locks on rental.

(9 Posts)
Advicelost Tue 10-Nov-15 14:12:32

Don't have time to write a long message as at work.

Found out partner was cheating: affair with married women who has kids, bringing other women back to our flat for sex, holidays away with other women. All this whilst being an ass to me. Anyway I left. He is currently away for a few days.

Can I legally remove all his stuff and change the locks? I wouldn't be throwing his stuff away it would be available to him.

It's a joint tenancy, my parents guarantor. Rent paid all by me direct to landlord but his name is on the tenancy.

I can only change the internal door. I'm just scared for my safety.

Is this legal or could I get in trouble legally/be arrested etc?

WhyCantIuseTheNameIWant Tue 10-Nov-15 14:16:56

Should be ok, but check with your landlord.

Your landlord will need a copy of your new key.

WhyCantIuseTheNameIWant Tue 10-Nov-15 14:17:30

If you throw him out, you need to get the tenancy and bills changed in to your name.

Advicelost Tue 10-Nov-15 14:36:50

Bills are all in my name. Except council tax so will change ASAP. Will then get his name off tenancy: is this easy? . I pay all the rent (mug) and bills, he then gives me some money (less than a third) each month.
Will contact landlord and obviously give them a key ASAP.

I haven't explained everything but after trying to leave before and being emotionally abused and scared of him I need to make sure I am safe. I've just never done anything like this ever and don't want to break the law.

PatriciaHolm Tue 10-Nov-15 14:37:44

If his name is on the tenancy, then no, you can't just throw him out.

www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-rent-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-rights-if-you-rent-your-home-jointly-with-your-partner/

DanNickBen Tue 10-Nov-15 14:57:26

Ex Letting Agent here

You can't legally change the locks unless you have permission from the Landlord.

Best thing to do is A) speak to your landlord and explain the situation, then B) if you fear for your own safety speak with the police.

It will be very difficult/impossible to get his name off the tenancy agreement without your partners consent. If you have a nice landlord he could offer to serve a notice on the current tenancy (section 21 - 2 months) and then re instate a new contract with just your name on it once your current one has ended. he cannot legally end the current contract without serving the s21 notice. This does mean your partner will be legally entitled to live in the property until the joint tenancy is up but this is the only way to get him off legally.

This is presuming you are in a fixed term contract which has now run for greater then 6 months and does not have a end date within the next 2 months. Though if you have been in the property for less then 6 month a s21 can still be served but just cannot be used in a court of law for possession

Although if your partner agreed in writing to be removed from the tenancy with you remaining as sole occupant then the LL could change the tenancy agreement to just you.

hope that helps smile

goddessofsmallthings Tue 10-Nov-15 15:14:13

If, for example, you were to lose your key(s) to the property you would have no choice but to change the lock(s) and provide your landlord with a copy(ies).

As your ex partner is currently away you would be unable to let him have a copy until he returns at which time it may be that, finding his belongings bagged up and ready to go, he will decide to behave honourably and take himself off to live elsewhere.

If, again for example, he became confrontational on his return you would be be best advised to call the police and have him removed from the property and consult a solicitor with a view to obtaining an occupation order which will remove any legal right the philandering twunt he may have to enter and/or stay in you home.

Advicelost Tue 10-Nov-15 15:18:38

Goddessofsmallthings you are a star

Joysmum Tue 10-Nov-15 15:31:00

Although if your partner agreed in writing to be removed from the tenancy with you remaining as sole occupant then the LL could change the tenancy agreement to just you

But bear in mind it'll probably require and new inventory, refund of deposit and new deposit lodged for just you that he'd have no claim on.

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