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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi again,My mother-in-law has the house nextdoor to her.

Resolved Question:

Hi again,
My mother-in-law has the house nextdoor to her. She rents it out to several individuals - whilst they all seem to know each other they are not related, i.e. it isn't one single family. The house is a standard three bedroom semi-detached, with a single bathroom upstairs and a kitchen downstairs.
As far as I am aware, there only one Assured Shorthold Tenancy agreement for all of them. I don't know if the people currently living there are the same ones that signed the tenancy agreement. I don't believe my mother-in-law has any deposits protected, and I don't think she has a valid gas safety certificate.
I guess my question if really about how easy it would be to regain posession of hte property when my mother-in-law dies. The tenants aren't english so their knowledge of law is probably negligible, but they could for example refuse to move out unless forced to. What powers in law do we have to evict the occupants if/when my mother-in-law dies?
Thanks,
Ed.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.

Thats fine, I'm happy to wait.

Thanks,

Ed.

Expert:  Nicola-mod replied 3 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this.
If your mother in law dies then you can give the tenants notice to quit.
If they refuse to leave then you can apply to the court for possession. You would need to complete form N5 -
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court would then list the matter for hearing and decide whether to order possession. Based on what you have said the court is likely to order possession.
If they don't move then you can send in bailiffs.
Can I clarify anything for you about this today please?
Alex
Customer: replied 3 years ago.

Hi,

Thanks for this.

What I need to clarify in detail is my ability to apply for possession when the people living in the property may not be on any tenancy agreement.

My Mother-in-law allows them to live there because they are quiet, don't mistreat the property, and they pay the rent.

You have said that I can give the occupiers notice to quit, but if they are not on a tenancy agreement, can they delay the proceedings or even have a case against my Mother-in-law?

Sorry to be picky but I really want to make sure as much as possible that I can get rid of the occupiers if I need to.

Thanks,

Ed.

Expert:  Ash replied 3 years ago.
It makes no difference whether or not they have a tenancy agreement.
You need to serve a notice to quit and then issue possession proceedings if they fail to vacate.
Does that help Ed?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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