Ex-girlfriend refusing to move out

Ex-girlfriend refusing to move out

22:01 PM, 16th August 2013, About 9 years ago 16

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I am the tenant of a one-bedroom flat. I moved in almost two years ago. I have a one-year fixed term tenancy which was renewed about ten months ago.Ex-girlfriend refusing to move out

My girlfriend who I have now broken up with moved in with me. She didn’t pay towards the rent and bills for almost a year due to not having an income. She then paid half the rent and bills for a year, before refusing to pay anything more when we broke up recently.

I would like to move out at the end of my tenancy but my girlfriend is refusing to move out. She has been to the council who have advised her that she cannot be evicted at short notice and that she should stay put until forced to move. She applied to take over the tenancy but her application was rejected as her stated income did not cover the rent.

The lettings agent who acts for my landlord tells me that I am liable for all costs if she refuses to leave the property at the end of the tenancy and that it may take six months for the agency to go to court and get her out.

I asked her to leave verbally two months before the end of the tenancy and the agency have emailed her a written request with about six weeks notice, saying that they require vacant possession at the end of the tenancy, and asking her to confirm she will leave the property by then. In their email to her they said she has no right of possesion as she is not the legal tenant. They have also said that they will take pre-emptive legal action if she does not confirm that she will leave the property.

My questions:

1. Is she correct in thinking I can’t ask her to leave without a court order? She is not on the tenancy agreement, but is not obviously an excluded occupier either as I am not the landlord.

2. Is the lettings agent correct in saying that I would be liable for all the rent and court costs until she can be evicted?

3. The lettings agent says they would give permission for me to change the locks at the end of the tenancy if she refuses to move. Would that be an illegal eviction or is it an option open to me?

Changing the locks doesn’t appeal to me but nor does paying someone else’s rent for six months or a further six months of cohabitation, with the eviction notice being in my name.


Jay James

13:00 PM, 17th August 2013, About 9 years ago

Reply to the comment left by "Mary Latham" at "17/08/2013 - 12:32":

Thanks Mary. How does not owning the property when you are a resident LL put you in a stronger legal position?

Neil Robb

16:56 PM, 19th August 2013, About 9 years ago

I would hold back on the fact you might change the locks when she goes out. I know this sounds sneaky. But if you tell her you can do this she might just stay in and get friends to bring thing in for her. I would give reasonable notice telling her to leave by a certain date before your tenancy ends. Then when she goes out I would pack up all her belonging the first time she goes out after that date put them out the house. I would change the locks. I would arrange to leave the property a week early but pay that rent for that week. Then after you have done this I would text her and tell her you have left your tenancy a week early and neither of you have a right to re-enter property.

I would also after doing this inform the local police that she was not a tenant and was given plenty of notice to leave. But was holding you to ransom by refusing to leave the property. Then if she tries to force her way into the property this would be criminal damage and Squatting.

Mark Alexander - Founder of Property118 View Profile

17:02 PM, 19th August 2013, About 9 years ago

Reply to the comment left by "Neil Robb" at "19/08/2013 - 16:56":

Why wait? I have had her stuff in black bin bags and the locks changed this weekend just gone, assuming she went out of course!

Neil Patterson View Profile

13:43 PM, 20th August 2013, About 9 years ago

Reply to the comment left by "Mary Latham" at "17/08/2013 - 12:08":
Very interesting point below Mary

"The Letting Agent is correct if you do not give vacant possession you remain liable to pay the rent etc. Simply moving out yourself and leaving the agent to remove your lodger is not enough."

In my ignorance my first reaction would have been just leave and move on as I am sure many peoples would have been.

Jay James

12:12 PM, 26th August 2013, About 9 years ago

debbiet1965 apparently put a message on here at 10.15pm, 25-08-13, per email received at that time.
It referred to the gov rent a room scheme (I am not enquiring about the scheme).
Where is the comment?

Mark Alexander - Founder of Property118 View Profile

18:39 PM, 26th August 2013, About 9 years ago

The comment was removed as requested by the author

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