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Ask Ash Your Own Question

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I rent my house through a property agent. The agent has allowed

Customer Question

I rent my house through a property agent. The agent has allowed two people to move into my house without payment of a month rent in advance and without providing a deposit. These individuals have signed a 'tenancy agreement' with the agent. The are refusing to pay rent and I am going through the eviction (section 8) process.
Are these people tenants or, because of the agents negligence, are they swatting in my property?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Whether they are tenants or squatters the process is the same, a notice to q
Alex Watts : quit
Alex Watts : Then if they do not move out then it's an order for possession.
Alex Watts : But sadly it seems like they are tenants if the agreement has been signed
Alex Watts : the agent may be negligent and you may have a claim there.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-b7xs9ovp- :

The agent allowed these people top move into my property without completing even the basics of a tenancy agreement - all they have is a signature but not deposit and no rent - surely, these basics are needed to confim that a contract exists. As I did not give the agent permission to do this, should the agent compensate me for my loss. The tenants are not UK residents and it will be impossible to get rent from them.

Alex Watts : sadly they are tenants but they are in legslly as it were.
Alex Watts : Your agent is negligent but they are tenants and in any event you need a court ordrt to evict.
JACUSTOMER-b7xs9ovp- :

How long does it take to evict under these circumstances - the 'tenants' are young, ex-students, without children - both are working.

Alex Watts : Once you have given notice usually 4-6 weeks to get a court date
JACUSTOMER-b7xs9ovp- :

So that equates to about 5 months since this ridiculous saga began. If the agent is negligent, what is the best course of action to get the money back from them. I don't have much money (the property belongs to my mother, now in a care home due to ill health, and I kept it on to enable my twins to go to Uni) and can't afford leagal expenses.. I don't have much money, but enough and am now borrowing uNI u) and s

Alex Watts : You could Sue the agent for breach of contract in the county court.
Alex Watts : You can do this online at
JACUSTOMER-b7xs9ovp- :

Will that cost me any money and if yes and I win, will I get my costs back?

Alex Watts : The cost is £280 for possession and you can get costs back yes.
Alex Watts : Does that help?
JACUSTOMER-b7xs9ovp- :

Can I do all of this by following the detail on the moneyclaim web site? Also, the agent belongs to TPO (The Property Ombudsman) can they help in this situation or are they just for tenants?

Alex Watts : Yes you can do it on MCOL
Alex Watts : The Omnudsman won't be able to award compensation they can only recommend
JACUSTOMER-b7xs9ovp- :

The agent had two weeks from first notifying us that they had prospective tenants until they moved them in to my property. Does that represent sufficient time to complete all the 'paperwork' collect deposits, check references etc? The agents say that they rushed the process and did not have enough time to do the necessary. However, we were not pushing to move anyone in quickly and would have waited if they had told us that thing needed to be done.

JACUSTOMER-b7xs9ovp- :

Also - and iIn your opinion, do I need to hire a solicitor or can I Sue this company all by myself (by using the website). I have never done anything like this before?

Alex Watts : You can't use a solicitor if the claim is £10,000 or less as it will be a small claim and those costs can't be recovered
Alex Watts : The agent is in breach they should have done all the checks
Alex Watts : Does that help?
Alex Watts :

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