Being Evicted From 'Their' House when you are family , friend or partner? Here's what to do

Now I was asked to look at this matter for someone who wasn't sure how to even define their situation , let alone barter their way out of it .

There are some times when mercy and peace , friendship or family unison, just suddenly dries up entirely , and bangs important doors shut on the way out .

It can be a desperate and depressing feeling when arguments leave previously civil relationships high and dry ,
potentially this leaves people who fall victim of residential disputes in the position of being seen as needy or of being indebted . They may change their behaviour to suit an abuser on the basis of 'ownership' . This we don't need , no one does .

So as a local example let's say you are someones girlfriend of say 10 months . You moved in with him *to his house* three and half months ago . You've had a showdown and a big row , it's a relationship breakdown problem . End of .
Now he wants you , to *leave* and he means , like , tomorrow , 2 days at best .
You 've got no where else to go because you moved to his area 110 miles from your family , who are currently overseas and their house is let .
You've got a part time job , but had a full time boyfriend . So no friends , or easy escape route . Plus you've got your kit , your living things from your last house . His parents are coming round , telling "leave" .

What are you going to do now ? Phone the police, by all means , but so far no crime has been committed .

My suggestion , and I'm by no means a lawyer , is to write him/them/his body corporate the following letter :



Dear (insert name(s) of the owners of the house - that is The Landlord ,whoever else he may say he is)

Re : Insert address I currently carry the status of a residential occupier at this address

With reference to the Protection From Eviction Act 1977 Parts 1 and 2 :

The Rule of Law restricts the right of Landlords Part 1 ,i ,(1)

The Rule of Law requires reasonable grounds Part 1 3B
Notice to quit must be served in writing and must be of at least 4 weeks and is only enforceable by court proceedings Part 2 5 (1)

Part 1 (ii) and (iii) state "If any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises.
(3)If any person with intent to cause the residential occupier of any premises—
(a)to give up the occupation of the premises or any part thereof; or (b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;

does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.

Please refrain from further harassment of my rights (insert example 1) because I am being caused alarm and distress from your actions . If (insert example 2) happens again , I will not hesitate to request further assistance from police or my solicitor .

Yours sincerely insert name

(Now she is also prepp'ed for a non-molestation order)

So after writing , well , what should she do ? Make enquiries about alternative accomodation at every juncture , the sooner the better . You could be a male partner stuck for time being in a woman's house , or a family member , and The Landlord could be your Uncle , your mother , your partner, your brother, your employer , your jilted ex, a lawyer or an American Psycho.. they could be Judge Judy or Mickey Mouse, it doesn't matter :

Your status is that of RESIDENTIAL OCCUPIER . Their official title is Landlord With regards to an address, your address . Please do not abuse this information , but I had noticed when researching online , some very snide attitudes from some chuffing ignorant people , who were responding to family dispute with "he's got no rights , it's not his house , he just a lodger there , he doesn't pay any rent so the law doesn't apply etc etc etc" No wonder those threads had been shutdown , it's gross the sense of entitlement that people put on people in perceived victim positions .

Meanwhile the UK law is very clear :

Unlawful eviction and harassment of occupier. (1)In this section “residential occupier”, in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises.

The crucial part , is "or restricting the right of any other person to recover possession of the premises"

The Landlord in any matter , is
necessarily
involved in your rights . Whether or not you even pay rent or bills or have any contract , if you live somewhere _you are a residential occupier .

Therefore he/she/ them _the Landlord has to comply with the Law , which you've just reminded him/her/them of .
Have a nice day

a reply to: GeneralMayhem


Looks to me like an invited guest has just been uninvited

thats why prefer live alone . dont have to go through the hassle of throwing people out when they annoy me .

a reply to: eletheia

That's how abusive people work , putting inappropriate labels on people's things and their person or indeed their perceivable position in life . It's not legal language and doesn't apply to someone who knows their position . You want to stick to what you know you are , have it clear in your mind , clean and crisp . Don't be judged or fooled . S In this case a residential occupier with rights . Some people have an awful sense of entitlement to the abuses of power as result of victims not understanding the processses , and unfortunately theysometimes beleive those inappropriate labels to be true .
On another track , most people did invite The Telecoms Co . to put a phone line in their house .

originally posted by: eletheia

a reply to: GeneralMayhem


Looks to me like an invited guest has just been uninvited

Agree. A guest is not a resident because they are there by invitation without any contractual rights one would assume.

a reply to: RP2SticksOfDynamite

We're not talking trespass here

a reply to: RP2SticksOfDynamite

without any contractual rights one would assume.

That's the bit you got wrong , the mistake they... want to make . You dont need a contract or any rent paid or anything else except you and your your possessions in a property to be a residential occupier , because of the fact there _is an owner and overseer of it : the Landlord , and he is the one subject to adherrence to the laws of

The Protection From Eviction Act 1977

And other applicable laws , that is who the burden of responsibilty lays with , part of the joys of ownering land

Thus have it clear in your mind




Put it clear in their minds : pen and paper , black and white , with underlines

a reply to: GeneralMayhem

She's not a spouse and presumably doesn't have her name on either tenancy agreements or mortgage. As far as I'm aware, he's within his rights to ask her to leave without notice and she's within her rights to seek an 'occupation order.' As a short-term gf, she won't receive as much protection under law as a spouse, civil partner or mother of his children.

ETA - occupation orders

Relationships breaking down and housing...

You should probably preface by saying this is a United Kingdom statute.

Or you could just not date assholes in the first place.

a reply to: Kandinsky

She doesn't want to stay there anyway , but even so she is entitled to 4 weeks notice to find alternaive housing , _if the landlord supplies it . The boyfriend cannot just kick her in fact he can't legally lay a finger on her or her things , as the law states, she must not be harassed nor disabled . Its more a case of "you invited the residential occupier, landlord" .
Now live with this arrangements . Seems fair ? It is fair- its the law . You could take example cases down to domestic slavery or up to stalking of landlords .

And contrary to a popular opinion no I am not about to get evicted , I'm not in rent arrears lol , and , pay me later

a reply to: AugustusMasonicus

If you could provide the comparison as we had yesterday that would be ideal

or else , what does masonic convention give us on matters of tenancy or shelter ?

originally posted by: eletheia

a reply to: GeneralMayhem


Looks to me like an invited guest has just been uninvited

That reasoning / excuse / arrogance is why OP started this thread.

Have a nice day.

a reply to: GeneralMayhem

Nice rule you got there in the UK. Wondering what its equivalent is here in the states?

There is no law against calling 911 and denouncing family members under false pretenses, lying about people to get them forcibly evicted and then having their stuff hauled away the next day after they are thrown out suddenly in the night in the rain.

Who would do that to their own family members on multiple occasions, anyway?

You never met my mums.

a reply to: intrptr

When power abusers walk away with their critical analysis , the matter of correct appraisal may not occur to them

a reply to: GeneralMayhem

This poor girl needs to get her $#^+ together. How about instead of being the kind of person with a "part - time job but a full time boyfriend" (What does that even mean?), she starts being independent and figures it out.

Next time she's in this position (she will be) hopefully she has a little money set aside or at least a friend who would extend a couch for a week.

a reply to: GeneralMayhem

Assuming you are trying to help a real situation, and also assuming the situation is not physically abusive at this point, my advice is that you should not escalate the situation with legal sounding letters. Human nature will make them mad at her the longer she stays so she should leave as soon as possible. They have every right to want her out but they cannot make her leave without the law on their side (which is also their right).

My other advice is that she not put herself in this dangerous (yes, even though there is no violence now, it is still dangerous) situation again - without any backup plan. It leaves her vulnerable to abuse (of all sorts). This is advice for anyone, not just women.

Are there any women's shelters in the area that she could look into for the time being?

a reply to: Atsbhct

No she shouldnt have to spend her money on any alternative : she gets 4 weeks , from the time she is served notice IN WRITING

This is where laws are devoid of judgement of the situational aspects of any case . They made to safeguard _any case and we should be very thankful they exist and are enforced .

The certain language of the law (read it) tends to dry out any emotional attatchments which may and do lead to misjudgement , and that is also useful to any person who may require it's protection . Drink of the Holy Grail , or so to speak

originally posted by: GeneralMayhem
a reply to: intrptr

When power abusers walk away with their critical analysis , the matter of correct appraisal may not occur to them

Chuckle, power-trippers abuse this site all day long.

Please do not abuse this information , but I had noticed when researching online , some very snide attitudes from some chuffing ignorant people , who were responding to family dispute with "he's got no rights , it's not his house , he just a lodger there , he doesn't pay any rent so the law doesn't apply etc etc etc" No wonder those threads had been shutdown , it's gross the sense of entitlement that people put on people in perceived victim positions .

Get ready for the wrecking crew.