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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a problem with a tenant hes 3 months behind with

Customer Question

i have a problem with a tenant hes 3 months behind with the rent he works abroad so rarely at the property or in the uk his tenancy agreement has also expired and hes made no effort to contact me to renew it, hes very difficult to get hold of due to not being in the country so the sending of letters etc to the property would be useless as hes never there to read them, what can i do about this i want him out asap
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 :

Is the tenant still in the fixed period please?

JACUSTOMER-q4itzr30- :

no his agreement ran out several months ago due to the fact hes never in the uk to sign a new one

JACUSTOMER-q4itzr30- :

ive also made several attempts to contact him but to no avail

Alex Watts :

His address on the agreement, have you tried that?

JACUSTOMER-q4itzr30- :

of course but as ive said he works abroad so hes never at the property just uses it to store his stuff and as a base when hes in the uk which isnt very often

Alex Watts :

Indeed. Do you have email or telephone number ?

JACUSTOMER-q4itzr30- :

yes 2 email addresses and a dutch mobile which ive tried several times which obviously is the normal course of action what i need to know is the next step as ive tried all the obvious methods of contact

Alex Watts :

ok. You need to serve a Section 21 and Section 8 notice asap. You should email these to any address you have, post it to his usual address, take a photo of the notice and text it to him

Alex Watts :

There are templates notice.

Alex Watts :

Once the notice expires you can apply

Alex Watts :

You can do this online at:

JACUSTOMER-q4itzr30- :

i know all this and have informed him of my intentions still no response from him, with him not actually being in a contract of any sort am i within my rights to change the locks, bearing in mind i also reside there from time to time

Alex Watts :

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

Alex Watts :

But you ned to do through this process

Alex Watts :

So either online at the above address or by sending form N5b to Court

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

Alex Watts :

The Court will then consider the matter and decide whether to give possession

Alex Watts :

You can show the Court the efforts you have gone to

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-q4itzr30- :

i was under the impression if i reside there from time to time and the tenant is now not under contract its classed as lodgings and therfore i do not have to go to court etc

Alex Watts :

If its only from time to time then you are not a live in Landlord and must get a Court order

Alex Watts :

In any event to protect yourself and given the difficulties about service, I would make sure you get a Court order

JACUSTOMER-q4itzr30- :

can you tell me approx how long this proceedure would take from start to finish and the costs i would have to incur?

Alex Watts :

The Court fee is about £100 or so I think. The process about 2 months

JACUSTOMER-q4itzr30- :

any more costs to pay? or is that it? and after court i can change locks and remove his belongings from my property?

Alex Watts :

Once you get the Court order then you can instruct a bailiff to evict. You cant change the locks yourself

Alex Watts :

Then yes, he can be evicted. You may have to pay a bailiff to evict and again this is about £100

JACUSTOMER-q4itzr30- :

so £200 all in and nothing else to pay all this?

Alex Watts :

Around that figure, yes

Alex Watts :

You can check the exact Court fees at:

Alex Watts :

https://www.justice.gov.uk/courts/fees

JACUSTOMER-q4itzr30- :

thank you

Alex Watts :

Can I clarify anything else ?

JACUSTOMER-q4itzr30- :

no thats it just wish i could just change the locks the law is an ass

Alex Watts :

Sadly the law says you must have a Court order

Alex Watts :

If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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