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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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partly immigration and mostly a tenant issue. i want multiple

Resolved Question:

partly immigration and mostly a tenant issue. i want multiple occupants as weekly paying tenants. i gave notice to two f(weekly paying ) foreign students to vacate my leasehold flat. but they refuse to leave unless i give them a written tenancy.
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 :

Is this a HMO or do they have an AST?

Customer:

it is HMO but without any licence or written agreement with the said tenants.

Customer:

Thanks

Customer:

Abdur Rouf

Customer:

Please consider all the information that I have supplied to you via two emails addressed to yourself

Alex Watts :

Do you live in?

Customer:

We have one small room. Sometimes my son lives there and in his absence I live there. At other times I live at my daughter's rented accommodation. Furthermore, today 10/03/15 I gave verbal notice to rest of the tenants to leave by 10th of April 2015. So that one of my daughter can move in with her husband and child.

Alex Watts :

What you should do is give a notice to quit. If they refuse then you can issue proceedings for possession.

Alex Watts :

You can use this using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Its the same form as for debt, but you are seeking an order for possession

Alex Watts :

The court will list the matter for a hearing and decide whether to give possession.

Alex Watts :

Of course the Court will

Alex Watts :

If they then refuse to move you can get them evicted.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

which form shall I use for applying to the court for possession and claimimg the arrears of rent from tthe tenents. how much will the fees will be do you think.

Customer:

Abdur Rouf

Customer:

sorry I didn't see the form for claiming that you have mentioned. Its the form N1. Is it the same form for claiming rent. They are asking for a tenancy agreement. Do I have to give them an agreement form/

Customer:

I wonder why they are asking for an agreement form when I didn't give one when they took up tenancy.

Customer:

Thank you

Alex Watts :

Its form N1 because form N5 is for possession of property. ie the whole property.

Alex Watts :

You dont need to supply a tenancy agreement now

Alex Watts :

Does that help?

Customer:

Yes it helps a great deal. Thank you.

Customer:

One more thing. Please tell me which form do I need to claim for arrears of rent, which is over two months?

Alex Watts : N1 it's the same.
Alex Watts : you ask for possession and judgent for arrears.
Alex Watts : Does that clarify?
Alex Watts :

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


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