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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have terminated an agent who stopped paying me the rent and

Resolved Question:

I have terminated an agent who stopped paying me the rent and took over the tenants who are renting on a per room basis. I manage to get 1 of them sign a flatshare agreement, having the additional provision that he leaves on 30th Nov since he is moving abrod in dec. My problem with him is he hasnt paid nov rent, and stupid me let him use his deposit last month. Do I have rights to evict him tomorrow if he dont move out today?
2nd problem is my other tenant, when i took over the property, i had a verbal agreement with her that I have to ask her to leave because I am now renting the whole flat and not individual rooms. she agreed that she will move out 30th nov too. I followed it up with a written confirmation. I have been contacting her for the past 2days to get confirmation she's leaving 30th nov but she's not replying and hanging up on me. she too is about fall into arrears with her rent.
where do i stand as a landlord?can i evict them tomorrow without going to court?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if you have a contract and if you are a live in lamdlord?
Alex Watts : @ landlord @
Customer:

i only have a flatshare agreement that has an additional provision stating the tenancy is non-renewable and the tenant leaves on 30th of no. the other room sharer has none but we had a verbal areement that she's leaving today and i have given her a written confirmation of it. i am a live out land lord

Alex Watts : You need to get a court order. This is because if you lived in then the tenants would be loffers.
Alex Watts : lodgers
Alex Watts : As you live out then you must get a court order before eviction.
Alex Watts : If you do not then you can be sued for an unlawful eviction.
Alex Watts : You need to complete form N5 and send it to your local county court
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Customer:

i knpw but i have an agreement with them stating they will leave today

Alex Watts : Ok but if they don't you must have a court order
Alex Watts : Can I clarify anything for you about this today please?
Customer:

can you be more speficif please?

Alex Watts : In what way?
Customer:

i have a written agreement and a confirmation stating they will move out today...so how can i evict them using this without going to court?

Alex Watts : No.
Alex Watts : Because you are not a live in landlord.
Alex Watts : You MUST MUST MUST get a court order. I can not stress this enough
Alex Watts : If you were live in they would be lodgers and have no rights.
Alex Watts : You are not live in and therefore they are considered tenants under the Housing Act and Therefore can only be evicted with a court order.
Alex Watts : You can be sued for an unlawful eviction if you evict without a court ordrt
Customer:

so you mean, the agreement we signed is useless becasue they are still deemed as AST?

Alex Watts : order
Customer:

so you mean, the agreement we signed is useless becasue they are still deemed as AST?

Alex Watts : yes
Alex Watts : because you are not live in
Customer:

how about rent arrears, how can i claim for it?

Alex Watts : yes you can ask for judgment on arrears
Customer:

how long does possession order takes?

Alex Watts : around 4-6 weeks
Customer:

do i have to issue notice of possession?

Customer:

do i have to issue notice of possession? or just file the n5 asap?

Alex Watts : if you have already asked them to leave in writing then that is enough
Alex Watts : Does that help?
Customer:

yes, it does help.

Customer:

wh

Customer:

whats the procedure for the n5?

Alex Watts : You submit the N5 the court lists for hearing and decides whether to give possession?
Customer:

can i do that now or should i wait tomorrow to file it onine?

Alex Watts : you can do it online if you wish.
Alex Watts : but I would wait to see if they do move out
Customer:

ok. but considering they have severed communications with me, seems like they have no intention to leave anytime soon

Alex Watts : Yes. But I would wait
Customer:

ok..thanks.

Customer:

bye

Customer:

can i follow up with you on this?

Customer:

at a later date if they dont move out?

Alex Watts : of course.
Alex Watts : You can ask more questions and put them for my attention
Alex Watts : Can I clarify anything for you about this today please?
Customer:

thats all for now.thank you.

Customer:

bye

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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