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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I OWN A PROPERTY WHICH I HAVE BEEN TRYING TO REPOSSESS SINCE

Resolved Question:

I OWN A PROPERTY WHICH I HAVE BEEN TRYING TO REPOSSESS SINCE JANUARY I HAD A TENANT WHO IT APPEARS SUBLET WITHOUT MY PERMISSION. HE LEFT IN JANUARY FOLLOWING BEING ISSUED A SECTION21 4 A WAS ISSUED IN NOVEMBER GIVING 60 DAYS NOTICE. BUT UNFORTUNATELY THERE ARE TWO OCCUPANTS WHICH ARE THERE THAT ARE REFUSING TO MOVE OUT.IT APPEARS THAT THEY ARE TRYING TO GET COUNCIL HOUSING BUT DUE TO BEING MIGRANTS THE L A CHANGED CRITERIA FOR BEING ELIGABLE. THE MAN HAS BEEN INSISTING I GIVE HIM A RETROSPECTIVE TENANCY AGREEMENT WHICH HAS BEEN REFUSED ADDITIONALLY I HAVE NEVER RECEIVED ANY RENT BOTH WHEN THE NAMED TENANT WAS THERE NOR NOW . ANY ADVICE WOULD BE APPRECIATED.
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you issued possession proceedings please?

Customer:

No i haven't how do i go about it

Alex Watts :

Ok

Alex Watts :

You need to write and ask them to formally leave if you may not already done this.

Alex Watts :

Then you need to issue a claim for possession

Alex Watts :

You may be able to do this online at: https://www.possessionclaim.gov.uk/pcol/

Alex Watts :

Or you can complete form N5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

And submit it to your local County Court.

Alex Watts :

The Court will then list the matter for hearing and decide whether to give possession

Alex Watts :

If the Court gives possession and the occupier does not leave then you can instruct bailiffs to evict them

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

i did write them a letter in january which was more on infortnes giving them additional seven days which they have ignored.can i add in the letter they i would want to claim costs against them? would the court be more favourable to thm at the fact that the woman is heavily pregnant and about to deliver. what would be the time scale from the start of proceedings?

Alex Watts :

Yes you can certainly claim costs.

Alex Watts :

Generally if you gave notice in JAnuary then you could just start the claim now.

Alex Watts :

It takes 4 weeks to get the matter listed and heard.

Alex Watts :

Can I clarify anything else?

Customer:

What would be the time scale if judgement is made for me . In the letter to them do i give them a number of days by which they must leave or do i say to vacate immediately

Alex Watts :

If not defended about 2 weeks. If it was defended about 4-6 months.

Alex Watts :

You have written in January then I would just issue proceedings.

Alex Watts :

But usually the Court would list it and give possession in 4 weeks.

Alex Watts :

Does that help?

Customer:

i've been also informed that they have moved a woman into the property will i need them to give me her name.

Alex Watts :

No - you can put the name of who you know and also 'persons unknown'

Alex Watts :

That is acceptable

Alex Watts :

Does that help?

Customer:

i am able to represent my self in this matter in court or do i need to have a solicitor present.

Alex Watts :

Yes you can represent yourself. It is a straight forward matter

Customer:

Thanks for your advice i feel alot happier about going forward as this has been a nightmare up to now

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


 

Customer:

i think thats it for now thanks

Alex Watts :

Thank you - all the best.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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