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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenant a mother of three babies has failed to vacate my

Resolved Question:

My tenant a mother of three babies has failed to vacate my house after having been served a proper timely notice at the end of third annual agreement, how do I go about it ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : I assume it was an assured shorthold tenancy?
Customer:

Yes it was.

Alex Watts : Ok. You need to serve a section 21 notice if you have not do so already .
Alex Watts : If you have then you can issue a claim form .
Alex Watts : You need to complete form n5
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : the court will list the matter and decide whether to give possession.
Alex Watts : if the tenant has no right then the court will.
Alex Watts : if the tenant still refuses to move you can evict.
Alex Watts : can I clarify anything about this today please?
Customer: On what grounds can the court go in favour of the tenant ?
Alex Watts : Exceptional hardship
Alex Watts : but that would only delay possession by a month or so
Customer: Could the small babies be a reason in her favour ?
Alex Watts : I would not think so. But generally to get housed by the council they need s possession order so that may be what it is for
Alex Watts : Does that help?
Customer: What does a possession order mean ?
Alex Watts : The order property
Alex Watts : Can I clarify anything else .
Customer: You mean a possession order by the court or the council & to remain in the same property and long could it be
Alex Watts : A month or so after possession has been granted
Customer: Ok thanks help
Alex Watts : can I clarify anything else ?
Customer: No thanks
Alex Watts : ok, if I could ask you to rate my answer before you go today, the button should be at the bottom
Alex Watts : If you need more help please click reply
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