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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm on bail and cannot return to my home. My tenancy is up

Customer Question

I'm on bail and cannot return to my home. My tenancy is up on the 5th March. I have my ex-partner living there. The lease is under my name and due to recent disturbances caused by him, the rest of the residents (4 of them) wants him to leave and so do I. He has been living there for more than 6 months and he has got postal address sent to this address.
What is the best way to get rid of him?
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 : For now please let me know whether you have asked the landlord to serve a notice to quit?
JACUSTOMER-z5af8bm1- :

Yes I have. I have also got a written agreement from the police incharge of my case that allowing the letting agent to evict him won't be seen as compromise with my bail condition

Alex Watts : Ok. The landlord is the only person, or agent that can evict.
Alex Watts : What they must do is serve a notice to quit..
Alex Watts : If he refuses to go then they need a court order to evict.
Alex Watts : They can not evict without a court order as he is living in a private dwelling.
JACUSTOMER-z5af8bm1- :

The case was my ex-partner accused me of cutting him and I'm on bail. The case is currently being reviewed by the prosecutor to see if the case should be dropped

Alex Watts : So even if the agent wants to evict, they need to serve a notice and then issue possession proceedings.
Alex Watts : it makes no difference whether the case is ongoing or not, only the landlord or agent can take the above steps.
Alex Watts : Can I clarify anything for you about this today please
JACUSTOMER-z5af8bm1- :

what is a notice to quite?

JACUSTOMER-z5af8bm1- :

quit

Alex Watts : It's a formal notice serve to ask your ex to move out
JACUSTOMER-z5af8bm1- :

We cannot evict without a court order - how long does a court order take. Bearing in mind that he is not on the lease - he is not a tenant

Alex Watts : No you can't evict without a court order.
Alex Watts : It will take around 2 months to get an order for possession
JACUSTOMER-z5af8bm1- :

but he's only a tresspasser

JACUSTOMER-z5af8bm1- :

the process still needs to be succh

Alex Watts : you still need a court order, that is the law.
JACUSTOMER-z5af8bm1- :

OK

JACUSTOMER-z5af8bm1- :

so notice to quit

JACUSTOMER-z5af8bm1- :

then if he doesn't leave

JACUSTOMER-z5af8bm1- :

court order?

Alex Watts : Yes I agree it's unfair, but if there is no court order and he is evict, he can sue the landlord for an unlawful eviction
Alex Watts : Yes, you must have a court order to evict
JACUSTOMER-z5af8bm1- :

even the lease is not under his name

JACUSTOMER-z5af8bm1- :

just to doubly sure

Alex Watts : Yes
JACUSTOMER-z5af8bm1- :

OM

Alex Watts : To evict you must have a court order
JACUSTOMER-z5af8bm1- :

OK

Alex Watts : Can I clarify anything else for you?
JACUSTOMER-z5af8bm1- :

That's all for now.

JACUSTOMER-z5af8bm1- :

Thanks

JACUSTOMER-z5af8bm1- :

sorry

Alex Watts : great. If I could ask you to rate my service before you go today.
JACUSTOMER-z5af8bm1- :

and that the landlord has to get this

JACUSTOMER-z5af8bm1- :

the court order

JACUSTOMER-z5af8bm1- :

and not me

JACUSTOMER-z5af8bm1- :

yes

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

hi again - another question.

given that I still have the tenancy agreement which expires on 5th March. Can I as a tenant change the locks?

Expert:  Ash replied 2 years ago.
No.
This is the same as eviction.
Alex