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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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what can I do with a tennant that rents a room in a H M O building, I

Resolved Question:

what can I do with a tennant that rents a room in a H M O building,
I I have given her a months notice but for the last 2 weeks there has been no rent paid,
this is the last lady to go from this building so would I be in order to cut central heating off,plus hot water?also the room has a flat screen tv a fridge and a microwave which is still being used.am I within my rights to take possesion of these items.
I know that as the lady pays weekly she was only entitled to 1 weeks notice but being kind I gave her 4 week.
help and advice please
regards
H.T.Beere
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 what type of agreement they have ?
Customer:

just a verbal weekly one

Customer:

I have not had an answer yet

Alex Watts :

How many other people are in the household please?

Customer:

As of now nobody, everyone else has moved out

Alex Watts :

Ok. Do you live in?

Customer:

No I do not, the house is in the process of being emptied

Alex Watts :

Thank you. If there is no fixed agreement then you could technically just change the locks and evict.

Alex Watts :

But to be safe you should seek a Court order.

Alex Watts :

You need to give a notice to quit and if they do not move apply to Court.

Alex Watts :

You would need to use form N5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The Court would list it for hearing and decide whether to give possession.

Alex Watts :

You should do this to be safe, rather than just change the locks as you do not live in

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

As the lady in question I now find out, has moved her boyfriend in(who has been in residence for a while)

Alex Watts :

Ok - then you can name the tenant and persons unknown (if you dont know his name)

Alex Watts :

Or name them both

Customer:

I now find out that the lady has moved her boyfriend in ,so I feel if I cannot get them to pay any money

Customer:

it

Alex Watts :

Indeed. You should seek an order for possession

Customer:

I now find out that a boyfriend has been moved in,and as no money has been paid I feel I could turn heating and hot water off if not down,Also how do I stand on taking tv and fridge back, plus cutting of electric supply

Alex Watts :

You can't take anything out of the property or turn off the electricity

Alex Watts :

You would be sued

Alex Watts :

You MUST get a possession order from Court and Judgment for rent arrears

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 for you about this today please?

Customer:

Hi can you tell me where I can get one of these court judgement ,and possession forms from thanks for your help in this matter

Alex Watts : You need to fill out form N5
Alex Watts : its available online At
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : once the court has sent these there will be a hearing and you can get judgment
Alex Watts : Does that clarify?
Customer:

thanks

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