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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My property is currently occupied with a joint tenancy. The

Customer Question

My property is currently occupied with a joint tenancy. The two men concerned have a short term tenancy agreement with a month's notice if required. They have been in the property since 24th September and I have grave concerns about their behaviour, in that the people living underneath ( it is a maisonette_ have had to call the police on several occasions reporting unsociable behaviour, ( loud music, arguments etc) into the early morning. I believe a family member is also living there rent free. What are my rights and how soon can I have them removed if they have broken the terms of the tenancy agreement
Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and 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. There is no need to wait here as you will get an email when I respond.
Alex Watts : Does your agreement state not to cause noise or annoyance to others, or words to that effect?
JACUSTOMER-2rk7dabg- :

Yes it does

Alex Watts : Ok. What you can do is therefore give notice for one or both to leave.
Alex Watts : But what you can not do is go around and remove them.
Alex Watts : If you give notice and they fail to move then you will need a court ordrt.
Alex Watts : This is because if they are removed without a court order it would be an unlawful eviction.
Alex Watts : You would need to complete form n5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf and submit it to your local county court.
Alex Watts : The court would the list it for hearing and decide whether to give possession.
Alex Watts : But given it can be terminated by either party with one months notice they may leave anyway.
Alex Watts : Can I clarify anything for you about this today please?