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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I heve a question about eviction of a lodger.I am

Resolved Question:

Hello, I heve a question about eviction of a lodger. I am landlord in house. My lodger is a couple with one 10 months old child. We share some leaving space in house, such as a leaving room and a kitchen - the house has two kitchens and two bathrooms, but only one washing machine that is in the kitchen mainly occupied by the lodger. They do have constant problem with paying rent on time, also due to baby, they have familly visit them all the time... Please advice the way to evict them in situation they didn't move out after 28 days given to them on eviction notice. Kind regards, Agata

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

I assume you have served what is called Section 8 / Section 21 notice?

Alex Watts :

That is where the tenant is late and you are asking them to quit

Alex Watts :

If so then you can issue proceedings

Alex Watts :

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

Alex Watts :

Or by completing form N5 - bhttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

Alex Watts :

The Court will then list the matter and decide whether to give possession.

Alex Watts :

Then and only then can you apply for an eviction

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They are not a tenants but lodgers. They are excluded occupiers. Are you sure the only way to evict them is through the court? Is it because of the little baby?

Alex Watts :

Yes that is correct.

Alex Watts :

Anyone who is to be evicted should have a Court order.

Alex Watts :

This is to protect you

Alex Watts :

Does that help?

Customer:

The address you have given me https://www.possessionclaim.gov.uk is forbidden, I see the information: You don't have permission to access on this server.

Alex Watts :

Yes I got that too for some reason.

Alex Watts :

Their server must be down.

Alex Watts :

But complete form N5B and you can ask the Court for possession.

Alex Watts :

Does that assist you today?

Customer:

Just last question, if I may. Do you think I will get the court order to evict them or is it possible to loose? I mean it is my house and I live in it...

Alex Watts :

It likely a Court will evict. They only really have a licence to be there, nothing else.

Alex Watts :

If they have been late paying this is a breach

Alex Watts :

Its likely the Court will grant the order.

Alex Watts :

Does that help you?

Customer:

Yes, thank you.

Alex Watts :

Great. If I could invite you to rate my answer before you go today

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

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