Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Ex wont leave DP house, pays no rent, what is the legal position

47 replies

whereisthejasmine · 31/03/2022 08:26

This is for a friend who doesnt use MN. Their DP was with someone for 18months. In that time DP moved into the house Ex rented. The LL wanted to sell, so DP bought the house. DP is the sole owner and has been paying the mortgage themself since buying the house. The ex lived there for 6 years or so prior to DP buying the house, Ex was a tenant. They split up, DP moved out. DP wants to sell the house. Ex refuses to move out. Ex refuses to allow estate agents in to take photos. Ex refuses to allow workment in to service the boiler etc. If DP goes there, Ex calls the police who tell DP to leave (there is no history of DV with Ex or any previous partners, DP has good relationships with all other prior partners). They were not married, they did not have children. Ex has offered to buy the house from DP for the price paid. It is worth about £60k more than that now, so this is not an option. Ex has never contributed to the mortgage or paid rent to DP.
Can anyone advise what both of their legal positions are and where DP can go to get help? They do need legal advice but it would best if they could find a solicitor who specialises in this. The reason for the length of time that this has gone on is the DP is really very nice and has been a bit of a pushover, and thought Ex would move out in due course. They didnt anticipate being in this position 3 years later. Ex does have a child but this child predates their relationship by many years.
thanks for any advice

OP posts:
underneaththeash · 31/03/2022 08:34

I don't understand why the police would tell someone they need to leave their own house. Something doesn't add up there.
The easiest and nicest thing to do would be to allow the ex to buy the property for the original amount or split the difference.
Otherwise they need to go and see a solicitor and get them to write a letter with a date for them to move out. This can then be shown to the police when he re-enters the property on that date.

SolasAnla · 31/03/2022 08:40

Ex is a tenant of LL1
LL1 sells house with sitting tenant to LL2
LL2 was in a sexual relationship with tenant
LL2 is no longer in a sexual relationship with tenant.
LL2 needs to follow the correct process for evicting a tenant who has lived in a property for 7.5 years and then sell or try sell with a sitting tenant.

comfortablyfrumpy · 31/03/2022 08:46

I think strong legal advice is required so that tenant can be correctly evicted.

Saltyquiche · 31/03/2022 08:46

He just needs to follow the normal eviction process

SMabbutt · 31/03/2022 08:47

If the ex doesn't pay rent to the dp aren't they classed as a squatter? At the end of the day, as you say, they need legal advice to get the ex evicted from the property as you have to follow all the steps very precisely. And no, they shouldn't sell to the ex at below market value, particularly as it doesn't sound as if they were married or had children together, and the ex has been living rent free while denying access to the legal owner. The only reason to do it would be if it was better in terms of cost or financial loss than going the eviction route, but it wouldn't be something I would choose to do given the ex's behaviour.

Original poster
whereisthejasmine · 31/03/2022 08:50

can anyone recommend a solicitor that deals with tenancy issues, so they can get this dealt with most efficiently? Friend and DP's situation is that they need to get the property sold so that they can move on.

OP posts:
MrsMoastyToasty · 31/03/2022 08:53

Shelter might be able to advise.

Luredbyapomegranate · 31/03/2022 08:59

@Saltyquiche

He just needs to follow the normal eviction process
This.

He can go to citizens advice for advice, but will need a solicitor to get things moving.

He just needs to crack on with it. It can take a while.

Quitelikeit · 31/03/2022 09:00

He better be quick as since she has been there so long it looks like she could apply to become the registered owner under squatters law!!!

Just Google property lawyers in your area no one here even knows what country you are in

Original poster
whereisthejasmine · 31/03/2022 09:04

England

OP posts:
Original poster
whereisthejasmine · 31/03/2022 09:11

they contacted some solicitors that wanted nearly £300/hr for first chat, but they need to know that the people they use can actually deal with it. Be grateful if anyone knows a firm that sepcialises in things like this?

OP posts:
Soontobe60 · 31/03/2022 09:16

Some solicitors provide a free session - I had one recently for an hour. I went prepared with a list of questions and all relevant paperwork. They were really helpful.
Just Google ‘free hour session solicitors near me’ for details.

HomeHomeInTheRange · 31/03/2022 09:17

Ex has offered to buy the house from DP for the price paid. It is worth about £60k more than that now, so this is not an option

It is an option, just one that the DP is choosing not to take.
An eviction through the legal process could cost that anyway, as they can see from the solicitors cost!

PutinSmellsPassItOn · 31/03/2022 09:19

Could he not just wait for her to go out then go in and change the locks?

Rosebuud · 31/03/2022 09:19

This doesn’t make a lot of sense op. Firstly unless they wish to pay big bucks they just need to speak to a local solicitor and start eviction proceedings, I am unsure how anyone doesn’t know this.

Secondly I can’t comprehend why the police are asking someone to leave their legally owned home. This makes no sense at all. They are fully entitled to be there. Are you sure no history of violence?

AssignedBlobbyAtBirth · 31/03/2022 09:22

Couldn't he move back in. Once he lives there too she is a lodger and they have very few rights
I'd move in then change the locks the first time she goes out. Let her try the legal route and associated costs. It's his house and one it's in his possession she won't have a leg to stand on. She must go out

5zeds · 31/03/2022 09:23

Why can’t he just move back in

EatSleepReplete · 31/03/2022 09:31

The ex is squatting. You said the ex hasn't been paying any rent? According to this, that makes them a squatter. If they can prove they've contributed to the rent or anything it may be different.

ComDummings · 31/03/2022 09:36

People talking about squatters and lodgers and changing the locks are wrong. The landlord needs legal advice as it looks like she is a legitimate tenant and he needs to follow the law regarding eviction. Do not do anything else as it could constitute harassment.

DuckaLucka · 31/03/2022 09:39

I agree. He needs to move back in and then change the locks when she leaves. She doesn’t have a leg to stand on.

Vapeyvapevape · 31/03/2022 09:41

I think you need to issue a section 21
www.gov.uk/evicting-tenants/section-21-and-section-8-notices

nancy75 · 31/03/2022 09:41

I don't see how he is a landlord in this situation? They are a couple who split up, he was never her landlord as she has never paid him rent

Chatwin · 31/03/2022 09:45

I would weigh up losing out on the £60K inflationary value of the house vs the costs of: legal fees to evict, repairs & decoration required to get the house up to sellable standard, and estate agency fees to sell.

I would also factor in the timescales involved with the two options.

There might not be much left of that £60K, and it would take much longer, while DP is continuing to pay the mortgage. I would sell to the Ex and put it down to experience tbh.

HomeHomeInTheRange · 31/03/2022 09:46

Since she was a legal, sitting, tenant when the previous owner sold, the new owner needs to take legal advice before taking advice from unqualified people on the internet suggesting changing the locks etc. And N.B (for the lock changers) there is a child living at the property!

It needs dealing with with legal advice. OP, your friend can just Google ‘landlord and tenancy solicitors’ for her area. Or the Law Society website has lists of lawyers and their specialisms.

Theunamedcat · 31/03/2022 09:47

Has there name ever been on a tenancy agreement at that property 🤔