Excluded occupier

[Large Merlot]

I have a cottage occupied solely by a man for 12 yrs, an excluded occupier, who has paid nothing by way of rent etc. I have given him Reasonable Notice as required but he refused to leave on the due date and remains in occupation. A court order is not required to evict under the circumstances, and he cannot prevent me from entering. I may change the locks when he is out. I have tried to get the Police to arrest him as a trespasser but they said they couldn't as he originally entered the property legally with my permission which is the case when an occupant has had a licence or tenancy. He left the property the day after expiration of the notice, to go to work and re entered as a trespasser later that day. I asserted that as the notice was effectively an eviction notice which he ignored, he consequently should be considered as a squatter who entered my property without my permission and as such was liable to arrest and removal from the premises. They wouldn't have it. Any thoughts

[Diana M]

I have a cottage occupied solely by a man for 12 yrs, an excluded occupier, who has paid nothing by way of rent etc. I have given him Reasonable Notice as required but he refused to leave on the due date and remains in occupation. A court order is not required to evict under the circumstances, and he cannot prevent me from entering. I may change the locks when he is out. I have tried to get the Police to arrest him as a trespasser but they said they couldn't as he originally entered the property legally with my permission which is the case when an occupant has had a licence or tenancy. He left the property the day after expiration of the notice, to go to work and re entered as a trespasser later that day. I asserted that as the notice was effectively an eviction notice which he ignored, he consequently should be considered as a squatter who entered my property without my permission and as such was liable to arrest and removal from the premises. They wouldn't have it. Any thoughts

Who was originally named on the tenancy agreement if there was a tenancy agreement? Please don't 'name names' for security reasons, just clarify if there was an original tenancy agreement with a named Tenant.

If so what happened to the original named Tenant?

How did you give the current occupier Notice to Quit?

You need to establish your legal position because illegal eviction is a criminal offence. See here > http://england.shelter.org.uk/legal/...legal_eviction

What makes the Police say that he entered the he entered the property legally with your permission?

Was this person ever named as a "Permitted Occupier" on any tenancy agreement?

Is there a reason why it has taken 12 years to raise this issue with him since you say he has never paid any rent during that time?

Di