Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please give me a little more information-
is it an Assured Shorthold Tenancy? Has the Tenancy expired or is your Tenant not paying the due rent?
If you could let me have as much info as possible, that would be great.
Thanks for your reply.
As regards ***** ***** of your Tenant, if he is paying the rent as he should be and he is not breaching any of the terms of his Tennacy, then I'm afraid you are unable to terminate his Tenancy until it comes to the end of the fixed term.
You can of course ask him if he would be willing to vacate early, but it would be up to him to decide whether to do so or not.
If you are finding it hard to pay your Mortgage, you should take independent advice- the Money Advice Service gives free and impartial advice.
Their website is- https://www.moneyadviceservice.org.uk/en
You would of course be best to try and sell the property as opposed to allowing the Bank to repossess, but you could always consider selling the Property, with the Tenant remaining inside. A lot of investors like to purchase properties which have a Tenant residing in there, provided the Tenant is a good Tenant and pays the rent on time, as it saves them trying to find their own Tenant.
I hope this gives you a good overview, but please let me know if I can be of any further assistance.
However daft it sounds, if she does not willingly vacate, you would have to issue Court proceedings to evict her.
The Occupancy Form would have been signed by her to confirm that if your Mortgage Lender did repossess the property that she would agree to vacate. Unfortunately therefore, this Form assists the Bank if they were to repossess but doesn't help you in getting her moved out.
You will need to instruct a local Solicitor who can write a letter to her, demanding that she vacates within 7/14 days, otherwise Court action will be taken by you to have her evicted.
If it comes to this, your Solicitor will have to prepare the necessary Form N244 and get this issued at the local County Court. This Form gets the ball rolling as to getting her evicted.
Alternatively, if you ar econfident enough yourself, you can obtain a copy of the Form N244 from the internet and get the ball rolling yourself.
I hope this helps.
As they acted for you in th epurchase, they could do a letter for you.
How soon will the letter be ready? What other information do I need to provide?
If you can speak to the SOlicitor who acted for you in the purchase, he will just need to take the details of the Occupier from you and you will need to confirm to him that she is not paying any rent and that you would like a sternly worded letter requesting that she vacates within 7 or 14 days (depending on how much notice you want to give her).
Your Solictor should be able to get a lette rout to her within 7 days of you instructing him to do so.
I hope this assists.
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