Hello my name is ***** ***** I will help you with this.
For now please let me know what type of tenancy she has please?
Hi Alex ,
The Tennacy was for 6 months and was from 1st 2013 and expired on ro after 28th Feb , 2014 and has now expired !
Ok - but its rolling on monthly?
Has the Landlord said he will enter?
Yes thats correct Alex
Ok - then what she needs to do is seek an injunction,
She needs to go to Court and complete forms N1
How would she do this Axlex
The Court will list the matter for hearing and decide whether an injunction should be given
The Judge would decide whether to grant an injunction and if so, this can be served on the Landlord
If the Landlord does enter after having the injunction this will be contempt of Court and he can be warned, fined or sent to prison
But she needs to complete the forms above. There is a Court fee of £155
Can I clarify anything for you about this today please?
What does she do about him pestering her for rent in the mean time ? Do we tell him we have a solicitor inhand on this just to make him a little wary ?
Yes you can do
But as soon as you get the injunction then he has to stop threatening to enter
As for rent, she has to be 2 months in arrears before he can take any action
Even then he needs to file a notice and then issue proceedings which takes a further month or so
If that is the case then it would fall in nicely for her move to me ! Further more what do we do regarding a return of monies owed to my girlfriend and the fact that this guy does not give out his proper address or is very reluctant to do so ?
You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.Can I clarify anything for you about this today please?
I am just worried that this guy is a slippery customer and I don't want him "slipping away " because of no forwarding address ?
Well if she is renting she has an address on the agreement. if she gets a CCJ by default she can get a charge on the property
O.k . Thank you Alex , I suppose if all else fails I could have him checked out by the Inland revenue regarding the account and sort code nos , also the environmental health and the other body which deals with rouge landlords who's name excapes me at the moment !
Can I clarify anything else for you about this?
No thank you Alex you have been a star and good luck to you in the future : ) .
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