Kicking my boyfriend out?

[HelpNeedes]

Hey guys,
I'm planning on kicking my boyfriend out of my house (council house) and would like some advise on the legalities of this.

First some back story and detail...

I have had my tenancy with the council in scotland for about 5 or so years, my boyfriend moved in with me in January. His name is not on the tenancy but he is named on the council tax (if that makes any difference?)
I have decided I want to break up with him for numerous reasons. I understand that all tenants have to be given a minimum of one months notice to leave but I want him gone now. I understand that this seems very cruel and unjust but just to make a point that I was in a similar situation before with an ex and it was quite the opposite. I gave him all the time he needed when we broke up. It was all fair and mutual. My current partner on the other hand is a pig. He is cruel, evil, and treats me like scum. Lately I have been on a knife edge. I can barely sleep, let alone live with him for much longer.
I have asked him to leave, and clearly pointed out that I no longer want to be with him. I offered to help him in any way possible. I even offered to pay for his train fare and help move his stuff. He proclaimed that he is not leaving and that I will be the one to leave. Now, I would consider it but I have literally no where to go, my family live nearby but they are pushed for room as it is. He has his parent house with 2 empty bedrooms. It makes sense that he should be the one to leave.
The reason where I need the most help here is that I don't want to give him 1 months notice as 1) He will worm his feet back under the table within a month. 2) He has mentioned that he will be taking alot of my stuff if he ever left (even though i owned alot of it before I knew him), i understand its only 'stuff' but i'm on the verge of being classed as poverty stricken as it is. And most importantly 3) I fear he will become physically abusive very soon. There has been 1 instance already but I can't put all the blame on him.

So if anyone is still reading my book and hasn't got bored yet, basically, do I have the right to kick him out ASAP without giving notice? I will still offer to help him as much as possible but for my own sanity I really need him gone.

Any knowledge/experience/help would be hugely appreciated. Thanks, Kirst.

P.S. I apologize for alot of rambling, just wanted to add any details that could change any possible answers. Thanks.

[joko]

well befor you do it i would suggest you secretly start moving anything you definitely dont want to lose, and putting it at a friends house

iwhen hes out i would pack his stuff, change the locks and have a police officer standing by when he returns so he cannot kick off or take anything

[FredPuli43]

Agree with Joko.

If you are in an abusive relationship , you will find that the police have officers, usually female, who are taught how to deal sensitively with cases such as these and the police will understand anyway that they should have an officer to be present , if only to prevent a breach of the peace. I witnessed something the other way round, where the woman was moving out of a house owned by the boyfriend, and the police went in to remove her things for her, she waiting outside with me. I cite that as an example of what the police will do.

And he's not a tenant. Being on the council tax only means he's living there.

[EDDIE51]

Call or go to the police for advice , they will help in a situation like this.
I would do as joko suggests as well but make sure there is a police officer present when he returns. Do not let him get any warning of what you are doing and remember you owe him NOTHING . I would ask the police for an injunction to stop him from coming near the house as well.

[hc4361]

You don't need to give him any notice to leave - he isn't a tenant.

[tonywiltshire]

The fact that your boyfriend is named for council tax purposes at you address does not matter, under Scottish housing law you are probably an assured tenant and as such have rights and responsibilities. As Fred, joko and others have said if it could be difficult getting your boyfriend to move out of your property go to the police and explain your position and say you are concerned there could be a breach of the peace when you ask your boyfriend to leave and to take only his own property . The police should then attend and the police have the power to arrest, without warrant, any person who commits a breach of the peace, he may then be brought before the court and bound over to keep the peace.The definition under Scottish law of breach of the peace is “conduct sever enough to alarm ordinary people”.You can also ask the police to ensure he has not retained a key to your property.

[HelpNeedes]

Thanks for the help everyone.
I think I will head to the local police station and have a chat about having an officer on hand if need be.
I never get the chance to be on my own in the house as my partner is unemployed and won't let me stay in by myself. I do get the chance to go out without him but that doesn't help much with trying to pack his stuff.

Anyway, thanks again for the advise. I'll keep this thread updated in case anyone who is in a similar situation stumbles across it.

[lcg]

no difference to the council tax....it is your flat and you can ask him to leave. if he won't, wait until he goes out and change the locks and give him his stuff back. well done for being sensible and not putting his name on the tenancy.

[NoMercy]

Wait until he is out and change the locks.

[magsmay]

go to the Police - tell them he won't let you stay in your own flat by yourself -tell them its your flat and you want him out now -tell them he has been violent towards you - take control of your life and get rid of this loser -tomorrow!!

[themas]

You say:

"He proclaimed that he is not leaving and that I will be the one to leave. Now, I would consider it but I have literally no where to go,"

No, No, No. You are the tenant. You have responsibilities for the rent etc. & those would continue if you moved out unless/until you terminated the tenancy. If you do terminate it you may well find you can never get another council tenancy (unless Scottish law is different from English on this point).

In any case, why should you move out of your home when he has no right to stay there & you do have rights?

He is not a tenant, but a lodger or licensee & you can evict him with very little notice (again, unless Scottish law is different). Go to the police as others have said - he is attempting to control your life & you must take cotrol to end this.