Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : What would be the purpose of an injunction please?
the purpose of an injunction is to get the estate agent to return my house with vacant possession and keys. He moved people in without my approval, and without my signature to the letting agreement. The checks he made are completely inadequate. The Romanions have no passport, no proof of how they entered the country, have worked on an hourly
for one day, and the other has no job. both have no previous address. There are2 romanion driving licenses, one is 5 years out of date.
Alex Watts : An injunction sadly will not solve that. You can only get people removed with a court order. The process is this:
Alex Watts : You need to write to the people and ask them move within 28 days or notify them that you will seek a court order requiring removal. If aft 28 days they have not removed you can issue proceedings for possession. You can either do this online at https://www.possessionclaim.gov.uk/pcol/ or by completing form N5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf and taking it to your local county court. The court will then list the matter for hearing and a judge will decide whether to grant possession.
Alex Watts : As they are not entitled to be there I am sure a judge would. Then they hae to leve by a certain date and if they do not you can apply for a warrant of possession that is the bailiffs will be sent.
Alex Watts : This is not to say you would not be able to sue the estate agents as well, but to remove the people in the property you must get a court order otherwise you would face an action yourself for an unlawful eviction.
Alex Watts : Can I clarify anything about this for you today please? Alex
What about the estate agent he has taken money from them, and he let them in. My contract was with him. I do not even know the proper names of the Romanions.How can I go to court without names. But the estate agents are a very large firm and I have a copy of my contract with them. Should they not come in for some sort of court action?Please?
Alex Watts : You can issue proceedings against persons unknown, the agents will of course be liable for any rent, loss and damage caused but you have 2 claims here
Alex Watts : 1 - possession of your property
Alex Watts : 2 - claim against the agent
Alex Watts : Therefore you need to pursue two claims as I have suggested above. To issue against a the agent you can also do this online at www.moneyclaim.gov.uk
Alex Watts : Can I clarify anything further?