How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a property in Wales. I had an agent who is not now

Customer Question

I have a property in Wales. I had an agent who is not now acting for me. There is a tenant in my property but I do not know his name and he has never signed a contract with me He has been in my property for at least a year and I have never received rent. My previous agent will not respond to my request to give me the name. My new agents say they cannot act in this matter.
Can I evict someone who has never signed a contract with me? can I sue the previous agent for not protecting my interests.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : How much are the arrears in terms of months please?
JACUSTOMER-icogx1st- :

I believe that he went into the property in August last year ( 2013) Never paid any rent. I only found out when my new agents looked at a property i have next door and they were dealing with that tenancy and knew that someone was in the property. So- 14 months to my knowledge.

JACUSTOMER-icogx1st- :

I have to go off line now because I have to go to work . will be able to switch my computer on at 5.30 tonight. Will it go to e mail or do i have to get back to this page?

Alex Watts :

Sorry for the delay I have been in Court.

Alex Watts :

What you can do is serve a Section 8 and Section 21 notice.

Alex Watts :

It can be to persons unknown

Alex Watts :

This can ask the tenant to leave within 21 days.

Alex Watts :

If the tenant refuses then you can issue proceedings. You need to complete form N5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The court will then list the matter for a hearing. You can issue proceedings against persons unknown

Alex Watts :

If the Court is satisfied the arrears then they will grant a possession order.

Alex Watts :

Once there is a possession order then you can get the tenants evicted.

Alex Watts :

You would also be able to sue the agents for breach of contract as they appear to have been negligent.

Alex Watts :

You can do this online at: www.moneyclaim.gov.uk

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Can I do this myself or approach my current agents or get a solicitor?

Expert:  Ash replied 2 years ago.
You can do this yourself.
Alex