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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am a chartered accountant helping a client of mine administer

Customer Question

I am a chartered accountant helping a client of mine administer his late father's estate, who died intestate in December. His father lived in a flat in SE London and allowed (1) a single man and (2) a woman and her child live rent free in the flat. There was no written rental agreement for either of them. They are now refusing to leave the property and insist they must be evicted so they can be re-housed by Social Services. How can we get rid of them?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

I can confirm that the council won't do anything without a posession order.

Therefore you need to formally and ask them to quit or say you will go to court.

If they refuse then you need to issue posession proceedings.

You can do this online at

https://www.possessionclaim.gov.uk/pcol/

The court will then list the matter for hearing.


At the hearing the judge will need to check the notice has been served and the tenant does not have a right to occupy.

If hapoy then the judge will grant a possession order.

If the tenant then you can apply for a warrant of eviction - so sending in bailiffs.

I hope this helps.



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Customer: replied 3 years ago.

Is this the case, i.e. having to apply for a possession order, even if they have never paid any rent nor has there been any form of written tenancy agreement. In effect they are squatters, and I thought that squatting was now a criminal offence and all we would have to do was to ask the police to evict them?

Expert:  UK-Justice replied 3 years ago.
No you are mistaken.

It s only where someone has broken into a property and where that happened after the law changed, not before.

But yes a possession order is needed against a squatter.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

It now transpires that the father never gave specific permission for the woman and her three children to stay in the flat. The man who was a friend of the father and staying there rent-free simply visited the father when he was in hospital and said "There's these friends of mine, a woman and her three children. Can they stay in the flat for a week or so until they get themselves sorted?" Whether the father, who was heavily sedated, new what he was agreeing to is a moot point. The friend has moved out. leaving the mother and her 3 children living rent free in the flat. As children are involved the PCOL online procedure you recommended cannot be used. So what do we do now? Do we have to leave the electricity and gas supplies on?

Expert:  UK-Justice replied 3 years ago.
Yes you can't cut off has and electric.

You can still apply to the county court form n5a and form n119

The few is £175

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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