Thank you all....I will speak to him tomorrow about his options.
He's become pretty much isolated from friends and family since meeting her ....she calls him constantly and monitors where he goes so his nerves are shot.
It doesn't help that he's a sensitive guy and all she has to do is cry and he feels guilty.
I want to give him a good shake sometimes...he's wasted so much time trying and failing to sort this mess.
She has basically lived at his rent free for 2 years while she does her own place up.
I'm worried she's planning on making him sell up with her place and they buy a place together.
The risk of violence is also high. Either party on either party. Real or imaginary.
Heat of the moment, self-defence, whatever.
If the police get called to a disturbance, they will take her side (real or imaginary) and you may end up arrested on 'Suspicion' and be bailed but not allowed to return to your house.
This is not necessarily true. I had something similar happen several years ago. I'd ended the relationship with the girl I was seeing due to her being extremely feckless and workshy (she was happy to spend, but not happy to earn). As she needed some time to get a deposit together I gave her 8 weeks to get her stuff sorted and find somewhere else to live, and after 6 weeks I gave her a 14 day notice to leave the property.
On the final day, needless to say she kicked off big time so I said we'd discuss it when I got home from work. On the way home I called into the local police station and asked them to attend to prevent a breach of the peace and explained the situation. They attended and told her that as I'd asked her to leave she was basically trespassing.
It may be worth going down that route because as the OP has said that she hasn't contributed to the mortgage/bills she has no claim on the house or reason to stay. If you ask the police to attend to prevent a breach of the peace they generally do, and will usually side with the party that requests them as it shows they're genuinely trying to do things in a decent manner.
At the end of the day, no matter how it's done, if the OPs friend doesn't have the mettle to stand up to her then there's not much that can be done.
OP, it might be worth looking in to whether or not a Section 21 notice to quit applies in this situation. If it does, get your friend to issue her with one - with a witness - and it should actually make it a lot simpler to get her out legally because if she refuses to comply with it, I do believe an eviction order can be granted.
(Obviously I do not claim any prior legal knowledge here and would strongly advise talking to someone who does, but it's something that came to mind when I was reading the thread)
OP, it might be worth looking in to whether or not a Section 21 notice to quit applies in this situation. If it does, get your friend to issue her with one - with a witness - and it should actually make it a lot simpler to get her out legally because if she refuses to comply with it, I do believe an eviction order can be granted.
(Obviously I do not claim any prior legal knowledge here and would strongly advise talking to someone who does, but it's something that came to mind when I was reading the thread)
I may be wrong but wouldnt you need a signed tenancy agreement to issue a section 21 notice.
I may be wrong but wouldnt you need a signed tenancy agreement to issue a section 21 notice.
Even with a section 21 notice she could actually stay put (although extremely unlikely as the OP says his friend lives there) and drag it out a while longer. There was a house not far from here that the landlord wanted to sell and he served a section 21 notice only for the tennants to refuse to budge and they never left the house unoccupied. It took 3 or 4 months for the landlord to go through the courts to get the ability to evict them by force with bailiffs and police in attendance (I think it was the most action the village has seen in years - a crime wave was declared in the local monthly free paper when some kids tagged a couple of walls).
Also, a section 21 gives a grace period of (usually at least) 30 days in which to find alternative accommodation. I remember what it was like when I gave my ex her 14 day notice, and I really had problems living in that atmosphere for 2 weeks never mind 4.
It may be worth researching what options "live in landlords" (I can't remember the correct term) have when they let out rooms as this appears closer to the mark than usual landlord stuff. I know there are procedural differences, and when I briefly rented a room when I'd moved with work, I'm sure there was a period of two weeks that my tenancy agreement could be dissolved with by either party (why I gave the ex two weeks notice).
As I said previously though, unless the OP's friend really wants to force this then it's not going to make the slightest difference. He does sound like a decent guy and doesn't want to be nasty about it, but sometimes that's not a good idea.
He's a totally decent guy who I'm afraid has met the most manipulative woman I've come across.
He is totally under her control,but he finds it hard to admit to friends and to himself just how much she dictates every aspect of his life.
I'm determined to help him so thanks for all the advice..I'll keep you posted
After 2 years doesnt she have an automatic claim for part of the house?
Im sure i heard somewhere that if you move in with someone and theres proof they live there eg mobile phone bill to that address, then they can claim the house is also theirs even if their name isnt on the mortgage?
Unless the friend wrote up a tenancy agreement and she was living there as a live in tenant in the eyes of the law? But im guessing if she was there two years as a partner she would have some legal rights to the home.
Probably waiting until her new home is done and then will take him to court to get half the value of his home to cover the costs of her new home.
The risk of violence is also high. Either party on either party. Real or imaginary.
Heat of the moment, self-defence, whatever.
If the police get called to a disturbance, they will take her side (real or imaginary) and you may end up arrested on 'Suspicion' and be bailed but not allowed to return to your house.
That's not necessarily true though, not at all. Both sides of the story will be listened to, however there is often some important placed upon who actually called the police in the first place.
What I will say is that if the friend did get locked up I doubt he would be bailed not to attend his home address. The OP has already said that the GF has her own home in another town. Any solicitor with half a brain could easily argue that bailing the OP to not attend his home address that he owns, because his ex is living there even though she has her own home elsewhere, is hugely disproportionate and unnecessary, and as such a breach of his basic human rights under Article 8 of the ECHR.
After 2 years doesnt she have an automatic claim for part of the house?
Im sure i heard somewhere that if you move in with someone and theres proof they live there eg mobile phone bill to that address, then they can claim the house is also theirs even if their name isnt on the mortgage?
Unless the friend wrote up a tenancy agreement and she was living there as a live in tenant in the eyes of the law? But im guessing if she was there two years as a partner she would have some legal rights to the home.
Probably waiting until her new home is done and then will take him to court to get half the value of his home to cover the costs of her new home.
No, this isn't true.
If she has made a financial contribution, eg towards the deposit, the mortgage or home improvements (and has proof) then she might be able to claim that back.
Simply living together doesn't give her any rights over the property or the equity.
No, this isn't true.
If she has made a financial contribution, eg towards the deposit, the mortgage or home improvements (and has proof) then she might be able to claim that back.
Simply living together doesn't give her any rights over the property or the equity.
Was it ever true?
I had a friend who was looking to buy a house but wouldnt go through with it because he was worried about his on/off girlfriend being able to claim part of it if they split.
Im presuming if you were a couple then you would add your partners name to the mortgage if you wished? It seems unfair that someone could be in a 20 year relationship with someone then break up and find themselves homeless because their name wasnt on the mortgage. But it makes sense for people who split after one or two years.
I would suggest that your friend seeks legal advice, before they do anything. Things might have changed, but several years ago, my mum wanted her ex to move out of our family home. He didn't contribute to the rent or household bills, he used to buy food and was not named on the tenancy my mum was advised by a solicitor that she could not remove his stuff and change the locks, she had to go through the proper channels to evict him. He had lived with us for around 3 or 4 years, I can't remember now. This was around 18 years ago now, like I said things may well have changed now though.
Comments
He's become pretty much isolated from friends and family since meeting her ....she calls him constantly and monitors where he goes so his nerves are shot.
It doesn't help that he's a sensitive guy and all she has to do is cry and he feels guilty.
I want to give him a good shake sometimes...he's wasted so much time trying and failing to sort this mess.
She has basically lived at his rent free for 2 years while she does her own place up.
I'm worried she's planning on making him sell up with her place and they buy a place together.
On the final day, needless to say she kicked off big time so I said we'd discuss it when I got home from work. On the way home I called into the local police station and asked them to attend to prevent a breach of the peace and explained the situation. They attended and told her that as I'd asked her to leave she was basically trespassing.
It may be worth going down that route because as the OP has said that she hasn't contributed to the mortgage/bills she has no claim on the house or reason to stay. If you ask the police to attend to prevent a breach of the peace they generally do, and will usually side with the party that requests them as it shows they're genuinely trying to do things in a decent manner.
At the end of the day, no matter how it's done, if the OPs friend doesn't have the mettle to stand up to her then there's not much that can be done.
http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm
(Obviously I do not claim any prior legal knowledge here and would strongly advise talking to someone who does, but it's something that came to mind when I was reading the thread)
I may be wrong but wouldnt you need a signed tenancy agreement to issue a section 21 notice.
Also, a section 21 gives a grace period of (usually at least) 30 days in which to find alternative accommodation. I remember what it was like when I gave my ex her 14 day notice, and I really had problems living in that atmosphere for 2 weeks never mind 4.
It may be worth researching what options "live in landlords" (I can't remember the correct term) have when they let out rooms as this appears closer to the mark than usual landlord stuff. I know there are procedural differences, and when I briefly rented a room when I'd moved with work, I'm sure there was a period of two weeks that my tenancy agreement could be dissolved with by either party (why I gave the ex two weeks notice).
As I said previously though, unless the OP's friend really wants to force this then it's not going to make the slightest difference. He does sound like a decent guy and doesn't want to be nasty about it, but sometimes that's not a good idea.
He is totally under her control,but he finds it hard to admit to friends and to himself just how much she dictates every aspect of his life.
I'm determined to help him so thanks for all the advice..I'll keep you posted
Im sure i heard somewhere that if you move in with someone and theres proof they live there eg mobile phone bill to that address, then they can claim the house is also theirs even if their name isnt on the mortgage?
Unless the friend wrote up a tenancy agreement and she was living there as a live in tenant in the eyes of the law? But im guessing if she was there two years as a partner she would have some legal rights to the home.
Probably waiting until her new home is done and then will take him to court to get half the value of his home to cover the costs of her new home.
That's not necessarily true though, not at all. Both sides of the story will be listened to, however there is often some important placed upon who actually called the police in the first place.
What I will say is that if the friend did get locked up I doubt he would be bailed not to attend his home address. The OP has already said that the GF has her own home in another town. Any solicitor with half a brain could easily argue that bailing the OP to not attend his home address that he owns, because his ex is living there even though she has her own home elsewhere, is hugely disproportionate and unnecessary, and as such a breach of his basic human rights under Article 8 of the ECHR.
If she has made a financial contribution, eg towards the deposit, the mortgage or home improvements (and has proof) then she might be able to claim that back.
Simply living together doesn't give her any rights over the property or the equity.
Was it ever true?
I had a friend who was looking to buy a house but wouldnt go through with it because he was worried about his on/off girlfriend being able to claim part of it if they split.
Im presuming if you were a couple then you would add your partners name to the mortgage if you wished? It seems unfair that someone could be in a 20 year relationship with someone then break up and find themselves homeless because their name wasnt on the mortgage. But it makes sense for people who split after one or two years.
It may be different where this person lives, but if you're living in what amounts to a marital home together you're not allowed to do that.