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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I let what a thought was a friend let my house from oct 13

Customer Question

I let what a thought was a friend let my house from oct 13 and he gave me 1500 deposit but not paid any rent at all. he keeps say next week and next week has never come, so how would I stand if I move his stuff out and put it in safe storage ? or if I cant do that can I move back into the house so he will leave? or is there another way to get him out quickly as I need to pay the bills on the house and I don't have the money.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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, you will get an email when I reply.

Alex Watts :

Has he signed any form of agreement? Does he rent the whole house or just a room please?

JACUSTOMER-3n3xmmh4- :

he sighed a tenant agreement what I got from whsmiths but no one witness it and its the whole house he was meant be paying for

Alex Watts :

Ok. Was it an assured shorthold tenancy please?

JACUSTOMER-3n3xmmh4- :

yes

Alex Watts :

Ok. You need to serve both a Section 8 and Section 21 notice (just to be sure) templates are available free online.

Alex Watts :

This in short says you are in breach, pay up or else you will go to Court.

Alex Watts :

If he refuses to comply and the notice expires (1 month) then you can issue proceedings.

Alex Watts :

You can do this online at: https://www.possessionclaim.gov.uk/pcol/

Alex Watts :

Or by completing form N5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf and taking it to your local County Court.

Alex Watts :

The Court will then issue the claim and list it for a hearing.

Alex Watts :

At the hearing the Judge will decide whether there are arrears and then grant possession.

Alex Watts :

If the tenant does not move out then he can be evicted.

Alex Watts :

This is what you need to do, he can ONLY be evicted with a Court Order

Alex Watts :

I realise this may not necessarily be the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-3n3xmmh4- :

yes I know all that as I said it would take two or three mouths to do this action. so what would happen if I move his stuff out with out any damages as I got keys so wont be breaking in or if I move back into the house as well ? what can he do about it ?

Alex Watts :

It would be an unlawful eviction.

Alex Watts :

You could be prosecuted by the Council under the Protection From Eviction Act 1977

Alex Watts :

But this is only if your ex friend complains to the Council

Alex Watts :

If he does you could be liable for a prosecution fine and have to pay compensation to him

Alex Watts :

I realise its not the answer you want, but in law it is correct. You could face prosecution and be required to pay compensation.

JACUSTOMER-3n3xmmh4- :

what sort off amount compensation would you think I might have 2 pay as it still could be the quickest way to get him out, and he might not complain to council, you never said what come back if I move into the house with him ?

Alex Watts :

It could be several thousand pounds and really you don't want to be dragged through the Courts.

Alex Watts :

But is is a matter for you of course.

JACUSTOMER-3n3xmmh4- :

you still not answered if I move back in what he can do ? if I take his stuff and put it in safe storage least I can re rent house out straight away, and would this affect the new tenant in anyway?

Alex Watts :

If you move back in he can seek a Court order against you and claim damages. If you take his stuff you need to look after it and can not just dispose of it.

Alex Watts :

This would not affect the new tenant in any way

Alex Watts :

Does this answer your questions?

JACUSTOMER-3n3xmmh4- :

if he takes me to court who has to pay court costs?

Alex Watts :

If he wins - you pay the costs.

Alex Watts :

If you take him to Court and win, he pays your costs

JACUSTOMER-3n3xmmh4- :

do you think he would win? as he not paid any money for 5 mouths and I going loose my house cause I cant afford to pay the bills on the property ? or would the court not take that into it?

Alex Watts :

If he could you to Court for an unlawful eviction? Yes without a shadow of any doubt.

Alex Watts :

You MUST follow the correct process to protect your position.

Alex Watts :

If you do not and I can understand why, you run the risk

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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