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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have a cottage which has been occupied by an agricultural

Resolved Question:

we have a cottage which has been occupied by an agricultural worker he has worked for us for 12 years We have no tenancy agreement with him Hewas given 3months redundancy noticeon 30 /3/13 and paid redunadcy compensation He has not lived in the cottage since10/12 following a familytragety he will not leave volentarily and we are looking to evict him He pays no rent and refuses to do so How do we get him out or pay rent?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you asked him for fair rent for the property please?
Customer:

. v yes we have asked for rent of 450 pounds per month under s13 ofHA1988 yours brian

Alex Watts : If he has refused then you can seek an order for possession.
Alex Watts : Clearly if he was working for you then you could not evict. You can only evict an agricultral tenancy on ground of breach.
Alex Watts : If he has failed to pay then this is clearly a breach.
Alex Watts : You would need to complete form N5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : If the tenant was disputing the rent then that would be a different process.
Alex Watts : But refusing to pay all together is a different matter.
Alex Watts : You would need to serve notice before hand so they can remedy the breach.
Alex Watts : But one month after you can issue proceedings.
Alex Watts : Can I c
Alex Watts : Can I clarify anything for you about this today please?
Customer:

thankyou for advice which confirms what i have already been told I was hoping you might have come up with a different wayout to this mess

Ash and other Property Law Specialists are ready to help you