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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.
Has he signed any form of agreement? Does he rent the whole house or just a room please?
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
Ok. Was it an assured shorthold tenancy please?
Ok. You need to serve both a Section 8 and Section 21 notice (just to be sure) templates are available free online.
This in short says you are in breach, pay up or else you will go to Court.
If he refuses to comply and the notice expires (1 month) then you can issue proceedings.
You can 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 issue the claim and list it for a hearing.
At the hearing the Judge will decide whether there are arrears and then grant possession.
If the tenant does not move out then he can be evicted.
This is what you need to do, he can ONLY be evicted with a Court Order
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
Can I clarify anything for you about this today please?
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 ?
It would be an unlawful eviction.
You could be prosecuted by the Council under the Protection From Eviction Act 1977
But this is only if your ex friend complains to the Council
If he does you could be liable for a prosecution fine and have to pay compensation to him
I realise its not the answer you want, but in law it is correct. You could face prosecution and be required to pay compensation.
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 ?
It could be several thousand pounds and really you don't want to be dragged through the Courts.
But is is a matter for you of course.
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?
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.
This would not affect the new tenant in any way
Does this answer your questions?
if he takes me to court who has to pay court costs?
If he wins - you pay the costs.
If you take him to Court and win, he pays your costs
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?
If he could you to Court for an unlawful eviction? Yes without a shadow of any doubt.
You MUST follow the correct process to protect your position.
If you do not and I can understand why, you run the risk
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