I see what you mean....if the tenant did not leave when asked.. if he stayed on after the fixed term of 6 weeks, the Court could not impose an order to leave.....I think I have that right so......
as the Judge seemed to know less than me perhaps he would not know that ''on the spot'' as such.
On the other hand with not a single viewing in the last 7 months due to the property market collapse.....if the tenant stayed on, on a periodic tenancy there leaves a situation where the days and months will be heading towards 6 months anyway with the passsage of time.
This particular tenant is a single chap and if push came to shove and the house sold...he could take one of my spare rooms, as a lodger.
I do see the ''potential'' problem you mean though. On the other hand....there is always a risk with any tenant that they do not leave when required.
Leaving the house empty just to spite me, and starve my son and myself of the income needed to help keep us fed and watered, is not funny...and moving in there himself, in deffiance of what the Judge said, isn''t either...but the Judge did not put these certain things on paper. He obviously thought he was dealing with a reasonable person who would ''do as he was told''.
My ex is not a reasonable person, he is a bully and has taken advantage of the fact that what the Judge verbalised to him was not backed up by writing it into his Directions.
Can I make some sort of claim though regarding the changing of the locks and denying me access to a house I am a joint owner of etc.
I think I may be spending money I cannot afford to put a claim into the Court....because the whole case is still ongoing due to the fact the Judge said he would review the situation at the end of February regarding the selling of the house.
I fear that if the house is empty he will order it to go to auction...losing me yet another chunk of money for the future and another slice of my inheritance.
This could be the ex''s plan......keep it empty so that the Judge will make that order.
Could I appeal it if he does.????
I have lost so much from this whole sorry mess why should I be forced into losing any more, just because the ex has been on a wild spending spree for nearly 4 years ( including 2 Caribbean Cruises and trips to Florida ) not paid any child support ( debt to me now £5,000 )or anything towards some very big maintenance costs ( like a new roof on one house that I had to find the money for )....but because he now has £30,000 of debt I am going to be forced to lose even more than I have already.
On that basis ...will I have a leg to stand on re an Appeal if the house is ordered to be sold at auction ?????
I may be being daft here, but if the rental property is in both names are you not entitled to get the locks changed also?
Sounds awful, the whole messy business, good luck and I hope it does work out for you in the end.