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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to obtain possession of a property with a tenant in

Resolved Question:

I need to obtain possession of a property with a tenant in residence. However, my landlord does not have a tenancy agreement. He let the tenant move in without an agreement in place. What can I do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How long has the tenant been there? Are they in arrears or breached their agreement?
Customer: replied 2 years ago.

The tenant has been in there for about 7 months. She has paid rent albeit late but other than that she has been fine.

Expert:  Ash replied 2 years ago.
OK. Then she has an Assured Shorthold. In that case you need to give 2 months notice which takes effect from the next billing date. This is a section 21 notice and you can find a template online. If the tenant refuses to move you can seek possession then through the Court by completing form N5b
Can I clarify anything for you?
Alex
Customer: replied 2 years ago.

Hi Alex,

Is it still ok to serve a Section 21 even though there is no contract?

Expert:  Ash replied 2 years ago.
Yes that is fine.
Alex
Customer: replied 2 years ago.

when it comes to the court papers and they want evidence of the AST - what should I advise?

Expert:  Ash replied 2 years ago.
There is no written agreement. That is not fatal to your claim.
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.