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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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HI, WHAT CAN WE DO IF OUR PROPERTY IS OCCUPIED BY THE TENANTS

Resolved Question:

HI, WHAT CAN WE DO IF OUR PROPERTY IS OCCUPIED BY THE TENANTS WHO REFUSE TO LEAVE AFTER 3 NOTICE LETTERS?
2 MONTH NOTICE IS GIVEN IN ADVANCE. THEY ARE CLAIMING THAT 2 MONTH NOTICE IS TOO SHORT. THANK YOU. XXXXX SELL THE PROPERTY,BUT HOW ?
WHO CAN HELP?
THANK YOU
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Once you have served the appropriate notices to take back possession of property, a claim must then be issued to obtain possession.

tdlawyer :

A possession claim can be issued online at the Court's Possession Online website, which is available here: https://www.possessionclaim.gov.uk/pcol/

Customer:

How can we proof what the noticed have been given.?? The tenants pretend what they do not want to know anything.

tdlawyer :

Your word is your evidence, you tell the Court in a witness statement if you need to, and if you have a copy of the letter )(which is always best) then you can exhibit that letter to any court documents.

Customer:

Can we fill the forms or should we hire a help?If we need a help,so where we should go? The tenants are 2adults and 3 school age children.They claim that 2 month notice is too short.Is that right? What if they missed a monthly rent payment and refuse to pay ?

tdlawyer :

2 months is the normal notice when terminating an assured short hold tenancy. It depends on the facts though as to whether you serve s s.21 or s.24 notice. Both can be 2 months though, but a s.24 notice often takes a more prescribed form. If they miss monthly rental payments, then this affects the type of notice you might give, but if you have validly served a s.21 notice anyway at the end of the initial 6 months or other term, that missing a payment doesn't alter that and landlords prefer to work with s.21 notices as there is no defence to them.

tdlawyer :

I would suggest it's always better to get a solicitor to help you.

tdlawyer :

Even if only to check you have the right notices served and that you issue the right type of claim.

tdlawyer :

The last thing you want is to get to Court in the next 6 weeks or so and be told you have to start again.

tdlawyer :

Hence, it's better to make sure you get it right now.

tdlawyer :

Best therefore to have you paperwork checked by somebody.

Customer:

Unfortunately our notices have been sent as regular letters. Where can we get a form s.21 or s.24 notice? If we have to start again-we're ready. Please tell as how much the court possession would cost approx. and how long it would last? And who is going to pay all those fees and gas,electricity bills? thank you

tdlawyer :

This is a s.24(1)(a) notice: http://www.letlink.co.uk/GeneralInfo/General_possession/S21_4_A.pdf

tdlawyer :

Court possession proceedings would cost about £750 plus VAT if you use a solicitor. You should be able to do it all within 6 - 8 weeks or so at most I would have thought.

tdlawyer :

Elec/Gas bills etc. fall on the tenant because it will be the tenant (I assume!) that has got the contract with the electricity company.

tdlawyer :

Do you want me to answer anything more on this?

Customer:

so,all those notices we sent are not legal documents? Can we get those s.24(1) (a) notice form on internet? Can we fill by our self? Is it realistic if we would start court possession proceeding by our self to avoid all those charges?thank you

tdlawyer :

A s.21 notice is really just a letter it has no prescribed form. They may be valid, it's hard for me to say really from here. But, you can still get a lawyer to check what you've done for probably about £100 or so, and then you go away and issue the possession claim yourself. That must surely be your preferred option. It would cost you more in the long-run if you get this wrong.

tdlawyer :

Is there anything else you would like me to answer about this?

Customer:

thank you.....last question- will we get more problems with procedure because of children involved?/That's what the tenants manipulate

tdlawyer :

No, not if it's a s.21 notice, as the Court has NO discretion so long as it's valid.

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