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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My tenants were supposed to leave the property at the end of

Customer Question

My tenants were supposed to leave the property at the end of their contract -summer 2014 - but they didn't. They told me that they wanted me to evict them but I didn't want to get involved in this process. They said they understood and would leave but asked for a few months grace but have not left and are still in my property a year later, despite my asking them to leave and asking for updates on their progress. They said they are finding it difficult to move from my property as they do not want to move to a cheaper area that might be outside of London. I explained that I had made arrangements to move back into my property. At present I am staying with a friend which is putting strain on her as I am a single parent and also have my son living with me. I notified them by text and phone call in early May 2015 to let them know I was increasing the rent. They replied that they could pay more but felt the increase was a bit steep - I had to increase it due to a major works bills - which they are benefitting from. They said they could pay a lesser amount. I texted that their request was not possible. They have not paid the required rent however - paying the previous lower rent instead. I tried to meet with them yesterday to discuss matters and hopefully look at a way forward, they agreed to meet but then did not turn up. I hand delivered a letter stating the rent increase (which is still good value for the property) and will send one by post. Can you advise me on what I have to do to get them out?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What type of contract do they have?
Customer: replied 1 year ago.

Assured shorthold tenancy for 6 months. It has not been renewed since but I gave them a note saying that I would allow them to stay 3 more months to look for a place to move on to.

Expert:  Ash replied 1 year ago.
Sadly you can't just increase the rent. There is a proper Section 10 procedure to follow which includes notifying them of their right to take the decision to increase rent to a Land Tribunal.
To get them out you need to serve a Section 21 notice, you will find templates of these online. Once you have served this, they have 2 months to leave. If they do not then you can apply to Court for possession. You need to complete form N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court would list the matter for hearing and decide whether to give possession. Once the court does and they do not move out then you can evict them with bailiffs. But you cant evict without a Court order, this is illegal.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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