Advise request - Complex eviction of occupier

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  • mariner
    replied
    IMO this is sounds like a commercial (non AST) between LL & Co.
    Don't commit perjury in Court, nor suffer any more spousal abuse, if that was what was what Solicitor was hinting.















































































































































































































































































































































































































































































































































































































    Leave a comment:


  • Aragami
    replied
    Originally posted by Berlingogirl View Post
    I think your post is beyond the scope of this forum. IMO it is your wife who should be out of the property. I would advise you to return and should there be violence contact the police who will take her away, then you change the locks and don't let her back in. Let her go and stay at the airbnb.
    Thank you so much for your kind reply.

    I of course thought of it and discussed with my barrister, who strongly suggested not to stay in the property. This would show that my wife is not as violent as I state to the Court, and that I would purposefully push her to commit acts leading to her arrest.
    The legal logic is very wide, and I am also frustrated that I can't act as I would like to, but the court is most interested in the safety of the child. This is why I can't go back with my son and stay in the same house as her.

    Leave a comment:


  • Berlingogirl
    replied
    I think your post is beyond the scope of this forum. IMO it is your wife who should be out of the property. I would advise you to return and should there be violence contact the police who will take her away, then you change the locks and don't let her back in. Let her go and stay at the airbnb.

    Leave a comment:


  • Aragami
    started a topic Advise request - Complex eviction of occupier

    Advise request - Complex eviction of occupier

    Dear all,

    Despite this is my first post, I deeply hope the members in this forum can give me valuable advise to my very complex situation.

    Background:
    1) I am a EU nationality male, working for company - let's say - "A". I joined the UK in May 2018
    2) My wife is Japanese, with no family in the UK. She joined me in the UK with our son in September 2018
    3) We live together in a flat in London
    4) The flat landlord is a private person, the tenant is the company I am working for, and both I and my wife are mentioned as "occupants" in the tenancy agreement (again, this is an agreement between the landlord and company "A"). My Company "A" pays for the rent and the council tax.

    I have been victim of domestic abuse and physical violence, and my son of domestic abuse from my wife (My son's mother), so I am now taking refuge in temporary Airbnb accommodations until the next court hearing at the end of July. It is a very distressing period and financially very worrying as you can imagine...

    As per the court's order, I have to report the situation to the landlord and the tenant - therefore I have to let my company know the situation I am in.
    There are no clear rules in my employment contract for such case, but I would like to hope that the company will want to relocate myself and my son to another flat, and stop renting the flat where we lived until now. This would basically put my wife on the roads, but my son's and my safety are my priorities.

    I will have to give advise to my company regarding their legal rights and limitations on this case, whether they can evict my wife as she is probably an "Excluded occupier" in this scenario, but I would like to hear your kind experience on this. I am also wondering, if my company relocates myself and my son, but not my wife, would my company fall in a delicate situation legally speaking?

    As you can imagine this is quite a serious situation of emergency, so I humbly come here to beg for your advise on how to approach my company when I will report the situation to them.

    Deep gratitude in advance. Kind regards.

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