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Hello my name is ***** ***** I will help you with this.
When the tenancy was granted had you moved out?
What was the initial period please?
thank you alex
I wasn't living there when tenancy was granted.
there was another tenant in the room
Ok. How long was the initial term granted for?
We didnt have a written agreement so it was till he gave notice, or I wanted the house back
Yes, how long have they been there?
since 28 sept 2013
Ok. So their monthly tenancy hasnt changed - they have still been paying you full rent?
no, he hasn't paid since dec 2014, after he was served a section 8 notice. the notice was served because of rent arrears
he currently owes 3 months rent
Ok. I dont think you can just change the locks.
The matter started as an AST with you not there.
In any event I would always, to protect yourself issue proceedings for possession
You would need to complete form N5
Submit that to Court. The Court would then list it for hearing and decide whether to give possession.
I think the difficulty you have is that it started as an AST, with you not being there.
I would not want to risk an unlawful eviction prosecution by the council.
so they aren't lodgers now?
Can I clarify anything for you about this today please?
because i moved in after serving a notice
so they should have left shouldnt they?
Whether they are lodgers now is questionable.
But do you really want to risk being prosecuted by the Council and the tenants suing you for unlawful eviction?
To be safe, get a Court order
When they moved in, it was agreed that we would have access to the house as my things are in the garage, so if I collected letters while no was home, prior to moving in, am I in the wrong?
Also, do I still need to hire a lawyer to go to court?
No you don't need to hire a lawyer. They may well be lodgers but they started as tenants, so you dont want to take the risk
Have I committed any crime, or jeopardised my case by moving back into the vacant room in my home? I did not give any notice, before I moved in because I had already asked them to leave back in november.
I think it might cause concern you moving back, but if they agreed then its ok
So they can't suggest that it is harrassment.
Can I clarify anything else for you?
Thank you for your help, I don't have any more questions right now, but I may have some later, will you still be available on the livechat?
If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
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I will, thank you.