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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been the victim of a letting scam. I own a residential

Customer Question

I have been the victim of a letting scam. I own a residential property in london that was due to be sold this week. I have owned it last year and have refurbished it and never had tenants. Today I went to check on the property and discovered 15 Romanians living there. I called the Police who contacted the people inside. They showed the police a tenancy agreement which they said was given to them by the person who put an advert on Gumtree. The police said this was not a case of squatting since the occupants had paid rent (£2,800) in good faith and therefore they could do nothing. How can I get these people out fast?
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 : please let me know if they will move voluntarily?
Alex Watts : Have you exchanged contracts with the buyer?
JACUSTOMER-d6q1sujk- :

contracts have been signed, exchange was due to take place this week

JACUSTOMER-d6q1sujk- :

I dont believe that they will move voluntarily because they wouldn't find somewhere that would house 15 of them price

JACUSTOMER-d6q1sujk- :

?

JACUSTOMER-d6q1sujk- :

, no-one has responded to me. I was absent mins because I had to put one of my grandchildren to bed. Could someone email me so that I can correspond on how best to resolve my predicament? Thanks, Steve

Alex Watts : Sorry overnight delay.
Alex Watts : You need to ask them to leave voluntarily. If they refuse sadly you need a court order.
Alex Watts : They can only be evicted with a court order, as clearly this situation is not their fault.
Alex Watts : You need to complete form N5
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : This will start the possession process.
Alex Watts : the Court will list the matter and decide whether to give possession. Based on what you have said the court will.
Alex Watts : The court will set a date to leave. If they refuse then and only then can you get a warrant
Alex Watts : Sadly you can't evict without a court order.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-d6q1sujk- :

So how long is this process likely to take and cost?

JACUSTOMER-d6q1sujk- :

1. Can I go court order today or do I have to give them a period of notice before applying ? 2. What type of court would this take place at? 3. Is the process one that I can execute or should I seek legal help? 4. If the person responsible my property and issuing a fake tenants agreement is caught can I sue him the costs that I will have borne? These would include court costs, redecoration and necessary repairs plus any other expenses that I have incurred? 5.Also I am concerned about 15 people living there, they are likely to damage the newly refurbished property since all of them would never be given permission to tenant there since the Council would consider it overcrowding. Does this have any bearing on evicting them?

JACUSTOMER-d6q1sujk- :

Alex Watts : You can't go court order today, you need to serve a notice to quit first.
Alex Watts : it would be the county court
Alex Watts : you can do it yourself
Alex Watts : you could then sue the real tenant yes
Alex Watts : this has no bearing on the speed.
Alex Watts : In reality it will take a couple of months to get a court order
Alex Watts : I am sorry