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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a temporary housing provider for councils housing people

Customer Question

I am a temporary housing provider for councils housing people who have become homeless in an emergency. A client has been placed in one of my properties, and her licence has been terminated by her council. the licence she is in on, states that she can be asked to leave with short (12 hours ) notice. She was asked to leave on 25th March 2014 but has refused to go stating that she has a High Court ORder in the family courts stating she has a priority housing for her and her children. (As far as I understand it her children are in care in London and that is one reason her housing has been cancelled because she gained the house by saying she had two children with her) She is threatening that under the criminal law act 1977, it is a criminal offence for us to go in and change the locks and move her out. She has threatened to call the police if we come to the property and have us arrested as tresspassers. I understand that she is the tresspasser but i cannot man handle her out of the door, can you tell me how i can get her out legally and quickly please?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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 You do not need to wait here as you will get an email when I reply.
Alex Watts : Does she occupy the house alone, ie not with other tenants please?
JACUSTOMER-1plqakgz- :

She claimed originally to have two children but it has been ascertained that her children are in care. She is desperately trying to secure a proper accommodation with the Council to get her children back but the council have terminated her agreement. She now claims she has moved a "boyfriend" in. This is presumably to stop us going in when she goes out.

Alex Watts : Yes but there are no other tenants, ie from a different family? She occupies the house as one family?
JACUSTOMER-1plqakgz- :

no other tenants

Alex Watts : ok. Sadly you need a court order.
Alex Watts : Even though she is there on licence because she is the sole family a court order is needed.
Alex Watts : You need to complete the usual forms such as n5b
Alex Watts : But ask the court for an urgent listing.
JACUSTOMER-1plqakgz- :

ok

Alex Watts : But you can't evict without a court order.
JACUSTOMER-1plqakgz- :

ok

Alex Watts : Or strangely enough you could be prosecuted for an unlawful eviction
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest
JACUSTOMER-1plqakgz- :

yes. SHe is threatening me under the Criminal Law Act 1977

Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : She is correct.
Alex Watts : A court order is what you need.
JACUSTOMER-1plqakgz- :

yes. What is the fee for the N5b and how quick am I likely to get a hearing

Alex Watts : £175. It all depends on listing I am afraid.
JACUSTOMER-1plqakgz- :

OK thanks

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/
Alex Watts :

Please remember to leave feedback before you go today

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