Evicting someone who has NO tenancy

[DivaDebs]

My Mother has had her partner living in her house (the house is wholly hers and is in her name) for the last 4/5 years. They are splitting up and he is being very unreasonable. He refuses to move out. They have no tenancy agreement, and are based in SCOTLAND. He has threatened to 'smash the place up, so that no-one can live there'. My Mum has alerted the police to this, and, if he makes another threat, she has to call them immediately as threatening to damage property is a criminal offence. Her partner disputes this and says she needs a witness. The police say not.

Does he have any rights to stay in the house he is not welcome in? There is no agreement, and the only thing his name is on is the council tax, which is law.

My Mum is obviously very upset and afraid. Any advice (for Scottish law) would be very welcome.

She is seeing a lawyer tomorrow, but if anyone can offer help tonight, she may sleep easier. Many thanks

[Ethel]

It is not usual for a couple living as man and wife to create a tenancy for the non-owning partner.

Has he paid anything into the house - mortgage, bills, decorating, furniture? Has he been supporting your mother financially?

In other words, has he treated the house as his own?

[Ethel]

This is relevant to Scottish law and gives quite straightforward advice:

http://scotland.shelter.org.uk/advice/advice-3 513.cfm

[DivaDebs]

Thank you for the Shelter link, which is helpful.

He only pays �300 per month which covers his council tax, electricity and food. He helped her lay out the garden, but, other than that, he has contributed nothing else the house, nor supported my Mum in any way.

He is claiming she is "making him homeless" despite the fact he has money (from when he sold his house - which - by the way - was his own choice). My Mum did not ask him to move in.

Many thanks