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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mother owns a buy-to-let property. She went into a verbal

Resolved Question:

My mother owns a buy-to-let property. She went into a verbal agreement with an ‘agent’ to rent it out as long as she gets a monthly payment to cover her mortgage and a little extra, she didn’t really want to be involved in the day-to-day running of the property. After a couple of months, the agent has stopped paying her but is still taking the rent from tenants in my mum’s house.
She wants plans to sell the house. How can she get rid of the tenants in there?
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 : Assuming the agent is acting and that she entered into an agreement with the tenants she can issue a notice to quit.
Alex Watts : Thus is called a section 8 and section 21 notice, both should be served.
Alex Watts : However if they have been paying rent they are entitled to stay fixed period of the tenancy which is usually 6 months
Alex Watts : Assuming this has happened she can ask property by by serving an section 8 / 21 notice.
Alex Watts : If the tenants refuse to leave then she can seek possession
Alex Watts : She would need to complete form N5
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : The court will list it and decide whether to give possession.
Alex Watts : If the tenant still refuse to leave they can be evicted by bailiffs.
Alex Watts : Can I clarify anything about this today please?
Customer:

Since the agent is not passing on the monies received from the tenants, that means they are no longer acting mother. my mother does not have a copy of the rental agreement between the tenants and the agent.

Customer:

My mother does not have a copy of the tenancy agreement and the 'agent' is no longer answering her calls. Can she just go ahead a issue the notice to quit?

Alex Watts : Yes you can serve a notice to quit but the tenant would be entitled to see out the fixed term of the contract.
Alex Watts : Does that help?
Customer:

Yes it does.

Alex Watts : Great, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help,please click reply
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