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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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How can I legally regain possession of a flat from a tenant

Resolved Question:

How can I legally regain possession of a flat from a tenant that has not paid any rent since February has not been near the property since March has left all possessions in the flat and has a continual stream of bailiffs high court enforcers benefit and council fraud investigators and the police constantly coming looking for him. I have no method of contact as he has changed his mobile number and the only point of service for any papers is the flat that he has effectively abandoned. I urgently need to reset the property as the lack of rent £850 a month is causing me to incurr debts on my business thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you
Have you served any notice to quit please?
Customer: replied 2 years ago.
I have put various letters through the flat door, witnessed by my employee, including one that says as he has not paid the rent for 4 months, and was in arrears before that that I intend to start legal procedures to end the tenancy, which was an assured short hold tenancy that has been running on, but all these letters are still on the mat unopened I have returned to sender all other post.
Expert:  Ash replied 2 years ago.
You need to serve a section 8 notice which gives them 2 weeks to leave and you can find templates of this online.
If they fail to leave then you can issue proceedings for possession. You need to complete form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The Court will list the matter for hearing and decide whether to give possession. If the Court does give possession and they fail to leave then you can instruct bailiffs to evict.
But you can not evict until you get a Court order.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
But I can't serve any notice as I have no contact with the tenant
Expert:  Ash replied 2 years ago.
You just serve at the address. You can't do anything else and that is all you are required to do.
Does that help?
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years 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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