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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a freehold owner of a house in a verbal periodic tenancy

Resolved Question:

I am a freehold owner of a house in a verbal periodic tenancy with my tenants. They were given a section 8 notice in November due to rent arrears and still have not left the property or paid owed rent. They now owe 3 months rent.
They rent 3 out of the 4 rooms in the house. I recently moved back into the 4th room. Can I evict them without going to court now that I live in the house and they are lodgers?
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 :

When the tenancy was granted had you moved out?

Alex Watts :

What was the initial period please?

Customer:

thank you alex

Customer:

I wasn't living there when tenancy was granted.

Customer:

there was another tenant in the room

Alex Watts :

Ok. How long was the initial term granted for?

Customer:

We didnt have a written agreement so it was till he gave notice, or I wanted the house back

Alex Watts :

Yes, how long have they been there?

Customer:

since 28 sept 2013

Alex Watts :

Ok. So their monthly tenancy hasnt changed - they have still been paying you full rent?

Customer:

no, he hasn't paid since dec 2014, after he was served a section 8 notice. the notice was served because of rent arrears

Customer:

he currently owes 3 months rent

Alex Watts :

Ok. I dont think you can just change the locks.

Alex Watts :

The matter started as an AST with you not there.

Alex Watts :

In any event I would always, to protect yourself issue proceedings for possession

Alex Watts :

You would need to complete form N5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

Submit that to Court. The Court would then list it for hearing and decide whether to give possession.

Customer:

thank you.

Alex Watts :

I think the difficulty you have is that it started as an AST, with you not being there.

Alex Watts :

I would not want to risk an unlawful eviction prosecution by the council.

Customer:

so they aren't lodgers now?

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

because i moved in after serving a notice

Customer:

so they should have left shouldnt they?

Alex Watts :

Whether they are lodgers now is questionable.

Alex Watts :

But do you really want to risk being prosecuted by the Council and the tenants suing you for unlawful eviction?

Alex Watts :

To be safe, get a Court order

Customer:

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?

Customer:

*no one

Customer:

Also, do I still need to hire a lawyer to go to court?

Alex Watts :

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

Customer:

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.

Alex Watts :

I think it might cause concern you moving back, but if they agreed then its ok

Customer:

So they can't suggest that it is harrassment.

Customer:

?

Alex Watts :

No.

Customer:

Good.

Alex Watts :

Can I clarify anything else for you?

Customer:

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?

Alex Watts :

Yes.

Alex Watts :

If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Customer:

Thanks again.

Alex Watts :

If you need more help please click reply

Customer:

I will, thank you.

Ash and other Property Law Specialists are ready to help you

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