Divorced ex will not move out!

dfcdfc

I do not advise forcible eviction. You could be committing a criminal offence.

All this historically originated with some rogue landlords who used
to send along the heavy mob to remove tenants whom they did not like. Hence successive governments introduced laws which were not intended to deal with your situation, but could catch you just the same.

Obviously you don't fall into that category.I retired many years ago but I would always have advised extreme caution before resorting to self help. Since I worked for a local authority, they obviously wouldn''t have done anything like that, but I strongly suggest you get legal advice.

There is ( or was in my time ) a procedure for use against trespassers,

LMM

It's the Protection from Eviction Act 1977. It seems it is still there.

LMM

LittleMrMike wrote:

dfcdfc

I do not advise forcible eviction. You could be committing a criminal offence.

All this historically originated with some rogue landlords who used
to send along the heavy mob to remove tenants whom they did not like. Hence successive governments introduced laws which were not intended to deal with your situation, but could catch you just the same.

Obviously you don't fall into that category.I retired many years ago but I would always have advised extreme caution before resorting to self help. Since I worked for a local authority, they obviously wouldn''t have done anything like that, but I strongly suggest you get legal advice.

There is ( or was in my time ) a procedure for use against trespassers,

LMM

Thank you for your replies, much appreciated.

Yes, I agree that forcible eviction is dodgy and anyway it will be horrible for the kids which is what she is desperately trying to avoid.

I guess I am just trying to establish what his rights are and what her rights are.

I don't think anyone is suggesting using threats or violence to evict the husband.

The process seems to be quite clear however and if he doesn't budge after giving notice then she can apply to the courts for a possession order which the court has no option but to grant.

See the Shelter website I linked to earlier:

"After the notice ends
If your landlord gives you notice, you must leave when the notice period ends. Your landlord can insist that you leave if you have not already done so.

If you won't move out, your landlord can change the locks while you are out and remove your belongings from the property and place them outside.

Your landlord does not need to go to court to evict you.

It is a criminal offence for the landlord to use or threaten you with violence while evicting you.

Even though it is not necessary, a landlord may choose to get a possession order from the court before evicting you. The court must make an order to evict you, as long as you were given reasonable notice."

This is a somewhat different procedure to a normal AST tenant, but as he lives in the same house as his 'landlord' he is basically a lodger, in technical terms an excluded occupier.

If you are divorced and the house is in your name then you ex can be evicted.

But, I think they have two problems to address to resolve this issue.

1) Getting ex to move out
2) Agreeing ex's access to children.

The way the situation is described makes me think that things have gone past having a kitchen table conversation and agreeing next steps.

But do try again. This time mentally prepare and be firm and fair, and try to avoid a martial argument.

Both sides seem to agree that they should share access and this is a thing worth mentioning.

If this does not work.

Get a solicitor to write to them to telling them they have a specific length of time to go and what the consequences of staying is. Also, say that you will make an agreement on access once they have sorted out their new accommodation.

Now their behaviour may get worse before they move out. Ask your solicitor on 'emotional abuse'. It sounds like this is happening to them already. An interim measure could be to have the police involved.

I really, really hope you can resolve this without all the ugliness.