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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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For Alex, I have some questions about evicting licencees

Resolved Question:

For Alex, I have some questions about evicting licencees
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thank you for requesting me.

Alex Watts :

How can I help?

Customer:

Hi Alex,

Customer:

My mother owns a property

Customer:

she was living in the property with her son, daughter in law and 2 children

Customer:

earlier this year she fell out with them and left the property

Customer:

they are not rent payers and so are legally classed as licensees

Customer:

we sent them a notice through a solicitor saying that my mother is revoking their right to remain there and they need to leave the property by 10am october 31st

Alex Watts :

ok

Customer:

i received a letter from their solicitor saying that we need a court order to evict them, is this true?

Alex Watts :

Yes

Alex Watts :

You must get a Court order to evict

Customer:

do we need to apply for a court order after the 31st

Customer:

can you just confirm what is the process for evicting licensees

Alex Watts :

1) You serve notice

Alex Watts :

2) They do not move out

Alex Watts :

3) You issue a claim form N5

Alex Watts :

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

Alex Watts :

4) The court lists for hearing

Alex Watts :

5) A possession order is made

Alex Watts :

6) If they dont leave you instruct bailiffs.

Alex Watts :

That's it really!

Alex Watts :

Can I clarify anything for you?

Customer:

what is the court order called

Alex Watts :

Possession Order

Customer:

oh possession order

Alex Watts :

Yes

Alex Watts :

Or an order for possession.

Alex Watts :

Either way works

Customer:

his solicitor is saying that if we dont have a court order, we must withdraw the notice

Alex Watts :

No, you can give notice to leave, notice to quit

Alex Watts :

But you cant just change the locks and evct

Alex Watts :

* evict *

Alex Watts :

Does that help?

Customer:

alex, did you get that letter

Alex Watts :

Yes. You dont need to withdraw the notice

Customer:

how do i respond

Alex Watts :

Just that you accept you need to get a Court order but the notice does not need to be withdrawn,

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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