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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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How do I evict my tenant?

Resolved Question:

How do I evict my tenant?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

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.

Kind Regards

AL

Customer: replied 3 years ago.
I'm finding it extremely difficult to to continue with the mortgage payment.
I'll like to keep the property empty for sale or return it to my lenders.
Expert:  Aston Lawyer replied 3 years ago.

Hi Patrick,

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.

Kind Regards

AL

Customer: replied 3 years ago.
The tenant doesn't pay rents. She already rented another place, but refused to move out of my property. There was no formal rental agreement, except the Occupancy Form she signed with my solicitors (Harris Cartwright).
Expert:  Aston Lawyer replied 3 years ago.

Hi Patrick,

Thanks for your reply.

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.

Kind Regards

AL

Customer: replied 3 years ago.
I will like to get a solicitor write her to vacate the property appropriately. Can Harris Cartwright do that since they have all the information on the property?
Expert:  Aston Lawyer replied 3 years ago.

Hi Patrick,

As they acted for you in th epurchase, they could do a letter for you.

Kind Regards

AL

Customer: replied 3 years ago.

How soon will the letter be ready? What other information do I need to provide?

Expert:  Aston Lawyer replied 3 years ago.

Hi Patrick,

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.

Kind Regards

AL

Expert:  Aston Lawyer replied 3 years ago.

Hi Patrick,

If you are happy with my Answers I would be grateful if you could leave positive feedback, so I may be credited for my time.

Thanks.

Kind Regards

AL

Aston Lawyer and 2 other Law Specialists are ready to help you