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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had childhood neighbours rent my mothers house who have been

Resolved Question:

I had childhood neighbours rent my mothers house who have been there /15 months without a signed tenancy agreement. Copies sent but they say they never received them. My mother went into a nursing home with dementia and I do not yet have access to their bank accounts and it now comes to light that they have not paid as they say I didn't supply them with a tenancy agreement or bank details.
As I didn't have access to my mothers bank accounts and didn't realise they hadn't returned copies of tenancy agreement, which they say they never received, it is only now I found out they haven't paid anything.
I met with them on Saturday as I thought we could resolve this and they have told me they don't believe they have to pay and now cannot.
Even without a tennant you agreement wouldn't a verbal agreement to pay which they agred we had mean my mother is entitled to the rent?
Where do I stand and how do I get them out of the house?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

If they are more than 2 months behind with rent you need to serve a Section 8 notice and a Section 21 notice to end the agreement.

Alex Watts :

But you need to make sure if ANY deposit has been provided it is protected in a scheme like TDS

Alex Watts :

This is because the law says you CANT take any step unless the deposit is protected.

Alex Watts :

You can fine Section 8 and Section 21 notice templates online

Alex Watts :

Once you have served the notice then you can issue proceedings upon expiry of such notice

Alex Watts :

You can do this online at:

Customer: They never supplied a deposit as my naivety as they were neighbours we grew up
Alex Watts :

https://www.possessionclaim.gov.uk/pcol/

Alex Watts :

Or by completing form N5 and taking it to your local County Court.

Alex Watts :

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

Alex Watts :

The court will then issue the claim and set the matter down hearing.

Alex Watts :

At that hearing the Court will decide whether to grant possession. You can ask and a Court Judgment on the arrears.

Alex Watts :

Once the Court possession date has passed and if they have failed to move out, then and only then can you instruct bailiffs to evict.

Alex Watts :

If they never supplied a deposit then you can just go ahead and serve the Section 8 / Section 21 notice now

Alex Watts :

Can I clarify anything about this today please?

Customer: They say as we did not have a tenancy agreement in place they do not have to pay,.
Alex Watts :

It makes no difference. Imagine trying to convince a Judge we rented somewhere but because it wasnt in writing it was free

Alex Watts :

Contracts can be oral as well as in writing

Alex Watts :

Just because it is not in writing doesnt mean its free!

Alex Watts :

But the process is the same anyway as above

Customer: They say I didn't honour my landlord obligations and get the boiler serviced or repair the roof, which they didn't tell me needed repairing. Does this matter or should I just follow it through the courts?
Alex Watts :

That doesnt mean you are not entitled to evict.

Alex Watts :

Just follow it through the Court using the above process.

Alex Watts :

But as Landlord you are required to have the boiler serviced yearly. Its a legal requirement

Customer: What do you think my chances are of getting my mothers money back?
Alex Watts :

I think you have a decent chance of getting it back.

Customer: thank you
Alex Watts :

The most important thing is getting the property back

Alex Watts :

Can I clarify anything else ?

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