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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A tennant is leaving a AST property to go to a new tenancy

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A tennant is leaving a AST property to go to a new tenancy ...there is a suspicion that they have moved into the house their daughter and her young son because of marital breakdown...without permission....and they will be left behind with no means of paying the rent. What is our position if we go to collect the keys and find daughter and son in residence and refusing to move?...what could we do if anything to preempt the situation?....
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
So basically your tenants may not have left?
Customer: replied 2 years ago.
The tenants are not due to leave days.
Expert:  Jo C. replied 2 years ago.
Yes, but your concern is that they may not go?
Customer: replied 2 years ago.
The suspicion is that when they move (father and mother) they will leave behind in residence as a squatter their daughter and grandchild to make homeless and therebye be homed by local authority. Is there anything we can do to preempt that and/or what do we do if we arrive to take keys and find there is still an occupant?
Expert:  Jo C. replied 2 years ago.
Are these people named on the agreement?
Customer: replied 2 years ago.
No they are not named and have no permission to live there
Expert:  Jo C. replied 2 years ago.
Not my area then really.
I will opt out .
Expert:  Ash replied 2 years ago.
my name is ***** ***** I will help you with this.
Have you served a notice to quit on the remaining occupants?
Alex
Customer: replied 2 years ago.
The existing tenants are leaving by mutual agreement...the suspicion is that they will leave in situ a daughter and her child who are not on tenancy agreement or there with permission...what do we do if we go to collect keys and find someone there who should not be....they may be trying to be made homeless to be rehoused...but we are caught up in a long costly process?
Expert:  Ash replied 2 years ago.
In that case you would need to serve a notice to quit and ask them to move. If they refuse then you would issue possession proceedings. You would need to complete form N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The Court will list the matter and decide whether to give possession. The Court of course will. If she still refuses to leave then she can be evicted.
As and rent etc, then because the existing tenants wont have left the property empty technically they would be jointly liable.
Can I clarify anything about this today please?
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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