How can I evict someone from my house?
My girlfriend moved into my house just over two years ago and she's never contributed towards the mortgage or any of the bills. We're now in the process of splitting up and although she originally said she would move out she's struggled to find somewhere to live and has decided to stay while she saves up enough money to rent. The problem is, she's trying to make my life miserable by verbally, and sometimes physically, abusing me. Can I evict her? And if I can't, can I start charging her rent?
We’re sorry to hear about the problems you are having with your girlfriend. It’s always difficult when a relationship breaks down.
If your girlfriend has never made any payments towards the mortgage or bills and you don’t have a written agreement allowing her to live there, then she doesn’t have any legal rights to stay if you (as the owner) want her to leave. Because of this, there is no set amount of notice that you must give her if you want her to leave.
Usually, it is a good idea to give the person reasonable notice that you would like them to leave so that they can find somewhere else to stay. In your case, you say that your girlfriend has begun to become verbally and physically abusive. It’s important you don’t put yourself in danger so may want her to leave quite quickly. You can give notice verbally or in writing.
Once any notice period has ended, you are within your rights to change the locks. You can’t use any physical force to make her leave, because, in doing so, you might be committing a criminal offence. It isn’t a good idea to throw her things out either, because she could sue you if they were stolen or damaged. If your girlfriend refuses to leave or is violent towards you, you might want to try to ask the police to escort her from the property.
Finally, charging your girlfriend rent is a big step, because you would become her landlord and would have more formal responsibilities towards her. It could also affect your mortgage so it might be useful for you to get help from a local advice service to work through your current situation, in order to decide which option is best for you.
Next Steps
- Shelter's advice website for young people offers help with housing problems and a free helpline 0808 800 4444. If you're in Scotland, use http://scotland.shelter.org.uk/ instead.
- Chat about this subject on our Discussion Boards.
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