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Ask Harris Your Own Question

Harris, Law Specialist
Category: Law
Satisfied Customers: 1598
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a property which I rented out to a couple recommended

Customer Question

I have a property which I rented out to a couple recommended by my brother in law 20 years ago. This couple have lived at the property for the full length of this period without a tenancy agreement. Stupid I know! I have asked them to quit the property 10 years ago but they refused to move. I have spent a considerable amount tying to get them out. I am now unemployed from SSI, I have had a hip operation, awaiting back op and would love to have my property back due to declining health instead of living in rented property myself. I have tried recently to ask them again to quit the property but they do not respond. I went to the property but there was no answer and they have changed the lock. They pay the rent every month. Financially I cannot afford to upkeep property I have not control over, it all feels so mentally draining. Is there any recent update in property law which may help my situation.
Submitted: 2 months ago.
Category: Law
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Have you pursued court proceedings for possession in the past?

Expert:  Harris replied 1 month ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 month ago.
Sorry for delay. No have not gone to court proceedings.
Expert:  Harris replied 1 month ago.

Thanks for confirming. Despite them not having a written tenancy agreement, they will still be considered tenants as they are enjoying use of the property and paying you rent. You will need to give them formal notice, which should be a Section 21 notice giving them at least two months notice, and follow the required content to ensure it is correct. Please see more information here:

If they do not leave by the end of the notice period you will need to pursue a court application for possession, and if there are no rent arrears being sought you can do this under the accelerated route which can be commenced here:

If they do not leave after a possession order has been granted you can then apply to court for a notice of eviction which gives them the last date and time that they must leave, otherwise a bailiff will enter and repossess the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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