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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How to remove a 'stubborn' tenent. This enquiry is on behalf

Customer Question

How to remove a 'stubborn' tenent.
This enquiry is on behalf of my son-in-law, Stephen, who is currently six months into an eighteen month prison sentance (fraud). He is now subject to a confiscation order and has to sell his house.
Prior to Stephen's sentencing, he lived in his own 3 bed semi house (mortgaged) and had (and still has) two paying 'lodgers'. Each lodger has a basic contract to occupy a room and share the other facilities ie kitchen, bathroom, lounge, laundry & cooking facilities, garden. Obviously, Stephen has no direct contact with either lodger at the moment.
I can forward a scan of the 12 page standard contract seperaty.
One tenant/lodger has been given notice (1 month) about 2 months ago, but has been 'advised' not to leave and wait for an eviction notice(?)
Is this correct advice (doe not sound correct)? and what steps can Stephen take to ensure the lodger leaves.
ps. Just to add to the complication, both Stephen and the lodger are deaf.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What does the contract say about termination please?

Customer: replied 10 months ago.
As I stated, I can forward the 'House Rental Agreement' if I have your email address.
Expert:  Ash replied 10 months ago.

I just need to know what it says about ending it, just that clause?

Customer: replied 10 months ago.
Sorry, had a lunch appointment.
Ah! well I cant find a specific period, this is all that it says . . . .
The term of the tenancy is a periodic tenancy commencing at 12.00 noon on 16.11.15 and continuing on a year to year basis until the Landlord or the Tenant terminates the tenancy.
Any notice to terminate this tenancy must comply with the Act.Issues to consider, rent is paid monthly. Stephen does not currently reside at the property, although it is his only property.
There may be other factors in this document and that is why, in my initial contact, I specifically mentioned that the document could be scanned and forwarded by email.
Expert:  Ash replied 10 months ago.

Thanks. You need to issue a notice to quit and ask them to move out.

But clearly is a yearly tenancy and they cant be asked to move until 16/11/16.

Then if they refuse then you can seek a Court order.

You would apply to the Court for possession using form N1:

The Court would list the matter down and decide whether to grant possession.

But I can look at the whole document for you, but given the size of it, that would be an additional service if you require it.

But based on what you have said, above is how to get rid of a tenant

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Thanks, ***** ***** Just a couple of points . . .
Are you sure about the form (your link) -it's a 'Claim Form' ?
Do you think a court might override (or reduce) the 'year' period, as the Courts have granted a confiscation order?
Expert:  Ash replied 10 months ago.

Yes claim form. This person is renting a room, so its not the usual form for possession of property (that is for the whole house). So yes, its the N1 claim form.

I dont think the court will reduce the period, as the county court deals with civil matters, this is a contractual issue so is unlikely to interfere.

If it was on Order of the criminal Court, that may be a different matter and the criminal order would suffice for an eviction I would think of the tenant.

Does that clarify? Alex

Customer: replied 9 months ago.
That's about it . . . . well done Alex
If I need you to look at the contract in more detail, how do I get back to you if it's say, next week?
Thanks and regards
Expert:  Ash replied 9 months ago.

Sure. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Following your recent advice . . .
We are now being told by the stubborn tenant, that because Stephen (House Owner) has 'moved out' (actually in prison) - the House Rental Agreement becomes a standard assured short-term tenancy and the rules are different.
That's why I said to you "Issues to consider, rent is paid monthly. Stephen does not currently reside at the property, although it is his only property".
Can you confirm that this is NOT the case please.
Expert:  Ash replied 9 months ago.

It does not change the position. Alex

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