Excluded occupier living with partner - illegal eviction

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    Excluded occupier living with partner - illegal eviction

    Hi there

    I have been perusing your topics and many threads have been relevant to my situation, but I just wanted to share and get some of the expert opinion from this forum, please

    I have been living with my partner in his family home for 4 years 10 months, after finishing uni in 2015 and needing somewhere to live as my parents have a history of domestic abuse and violence towards me, and because I'm on the autism spectrum / have mental health conditions, I needed a period of therapy and help finding employment which would suit my unique circumstances. My partner asked his Dad, who lived in the property along with my partner's brother at the time, if I could come here to live, and he was fine with that.

    For much of that time, I did not pay any rent. Soon after eventually finding a permanent job, in April 2019 I began paying bills, which he sent a breakdown of £120 for my partner and I each. When my partner's brother moved out in the Autumn of 2019, my partner's Dad rented out his room to a lodger for £400, and then we were asked to up the payment to £400 total per month for the room - so bills plus rent. We have always paid on time by standing order. We consider that we entered into a verbal excluded occupier agreement.

    My partner has exclusive use of his room, which he has a lock on. He has a home music studio in there which he uses for audio and music work. He invites clients round to record etc. I just have my things here and around the house (there isn't much space in my partner's room). The other lodger has a formal written agreement and is not allowed to use any room but the kitchen / bathroom, and to temporarily come into the conservatory for laundry. Both my partner and I have always had full use of the whole house.

    When the lodger moved in, my partner's Dad was spending Friday night - Saturday evening at the house, then going to his girlfriend's flat, and coming back at random points in the week, sometimes a Wednesday or Thursday. We were expected to look after the house, ensure the cat was fed etc. It felt like he stayed at his girlfriends for about half the week. I provided these services around the house as a kind of unsaid expectation - I wasn't particularly asked.

    Under lockdown, my partner and I have both had to work from home. After a few weeks of lockdown, my partner's Dad announced he would be returning with his girlfriend and her 5 year old. This made it a lot harder for me to do my work downstairs whilst my partner worked in his room, and we let them know of the difficulties and asked if we could negotiate on certain things (the fridge was usually quite full already with us, the lodger and him, so we were concerned about space etc), particularly as both him and his girlfriend would now also be working from home, and she is a piano teacher, the loud music was affecting my partners ability to work.

    They did not want to discuss these points and said everything would be fine. Lo and behold, there is not enough room in the fridge, and the girlfriend started having baths at past midnight, in the bathroom next to our room, keeping us awake. In general they are very noisy with piano and the child. When my partner brought this up he got angry reactions.

    In recent weeks, we noticed my partner's Dad's behaviour towards the daughter could be innappropriate. I won't detail exactly what we've seen and heard here. But my partner did confront his Dad last week and said that the words he was using towards the child were wrong. This caused him to fly into a rage. I kept completely out of the argument as it was a family matter and I don't wish to involve myself. Later that evening my partner had a sit down conversation with his Dad, and then the girlfriend, that seemed to have sorted things.

    Since then whenever the child has been misbehaving my partner's Dad has been screaming "this is all your fault". At one point when I was in the kitchen he asked what I thought, and whether this was 'revenge'. I did not respond. I assume he means I was getting revenge by telling my partner to bring up the behaviour towards the child because we brought up some of things that would make life harder under lockdown.

    The next day, my partner's Dad asked to speak to my partner, and announces that he believes I have been "behind this" and I have to leave immediately.

    I believe as an excluded occupier that I have the right to a reasonable period of notice. I have never had any arguement with my partner's Dad, I have always paid rent and followed all his rules. He has not told me what it is I have done wrong. I believe my partner is a tenant because he has exclusive access of his room - is this correct? We pay rent together as a couple, but my partner is singling me out to leave. My partners Dad is now saying we never had any verbal agreement, which is not true, and that I am 'squatting'.

    I understand my partner's Dad does not have to give me a reason to leave, and that I have little legal protections - but I am sure that giving me one day's notice is not at all reasonable, and that I need at least one month as this is the rent period I pay. He has threatened to call the police on me tonight. Should the police force me to leave, would you consider this to be an illegal eviction? I don't have anywhere to go so have let the council know I'm at risk of homelessness. But would he be committing a criminal offence under the Protection from Evictions act if he did not give me 'reasonable' notice?

    And who decides what is reasonable - for example does lockdown, being autistic which means my housing needs are much greater than most people, vulnerable due to having no family I can rely on, my partner is my carer who supports me in most things I do because I have a lot of anxiety and social problems so if I have to leave I'll be placed at great risk to look after myself without him, etc make any difference to what is reasonable? Would this have to be litigated in court after my being evicted? I don't see how that would help me with any of the above circumstances of course.

    And if I don't have a written agreement, only a verbal one that I'm allowed to stay, and that I pay rent monthly, would that prove that I do infact have an agreement? I have a few emails where he's detailed the costs. I have all my bills and correspondence addressed here since 2015.

    Does my partner have different rights to me - is he a tenant because of the exclusive access to his room and he redecorates, makes improvements etc? Or because we pay rent together and I am an excluded occupier we are both excluded occupiers?

    And is any of this nasty behaviour towards me harassment? He has said threatening things such as "You don't want this to get ugly", "These are not idle threats", and has been shouting and banging on our door. We have asked for all correspondence to be sent via email to stop this angryness which is stressing us out.

    I have stated that I need a reasonable notice period and that it is impossible to find somewhere new in one day. I understand the standard amount of notice would be 28 days - if he doesn't offer a more reasonable amount of notice then by what date legally should I leave?

    My sincere apologies for the verbosity and likely unnecessary info in these questions - thanks in advance for any help you can give

    #2
    War & Peacr is an easier narrative.
    I sugest you vacate the Property and dump your partner asap.

    Comment


      #3
      Write a summary if you want more answers

      Comment


        #4
        Call shelter.

        Comment


          #5
          I don't think there's any tenancy or licence.
          This is a guest contributing to the expenses of the property with a partner living with them.

          Family arrangements are complicated, but I wouldn't expect regulations relating to tenancies and excluded occupiers to apply (although a court might consider them in passing).
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            An excluded occupier is excluded from the protection from eviction legislation. So can be evicted without court action.

            Indeed, move out & bid goodbye to partner
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment

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