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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I have a property where the tenant took in a lodger. The

Customer Question

Hi
I have a property where the tenant took in a lodger. The tenant has now left the property.
The lodger is still in the property and asked to take on a tenancy. I have given him a application form to fill in to apply for a tenancy. He has not returned it. I have tried to contact him several times but he does not respond. I have written to him asking him to vacate the property but have had no response. I have not received any rent or money from the lodger or entered into any agreement with him either verbally or wriitten.The original tenant say's it is nothing to do with him.
How can I get my property back?
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know if it was against the tenancy agreement to allow a lodger?
JACUSTOMER-354ixy69- :

Hi

JACUSTOMER-354ixy69- :

Thanks for responding to my question

JACUSTOMER-354ixy69- :

Yes it was not allowed to have a lodger in the tenancy agreement.

AlexWatts2013 :

How can I get my property back? - You need to write and ask that he vacate it within 28 days else you will issue proceedings and seek costs against him. If he refuses then you need to issue a County Court claim for possession. You can do this either online at: https://www.possessionclaim.gov.uk/pcol or by completing form N5 http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf and taking it to your local County Court. There will then be a hearing which you should attend and a Judge will consider whether to grant possession. If you do a date will be given for the lodger to leave. If they do not then you can apply for a warrant of eviction which will send the bailiffs in.

AlexWatts2013 :

If this fully resolves your question then please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

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