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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a client (we are managing agents) who has taken on a

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We have a client (we are managing agents) who has taken on a property We would like to take possession back on this property. There may have been a lease in place prior to us purchasing, but if there was, that has certainly expired and we have not been
given anything about a previous occupier/lease from the seller and nor can they provide any documents . Though they were in discussions for a new lease or a renewal with some people, and though this lease wasn't signed, these people are in occupation. I do
not know if these people currently occupying the shop would be considered holding over from a previous lease, (we do not know who the previous lease would have been to) or if they are occupying under a new lease which was never executed, but the previous owner
allowed these people to take possession. There is no lease registered and the land registry. Either way we want them out. The previous owners now reside abroad and are no longer contactable and the tenants are being very unhelpful and will not communicate
with us or provide us with any copies of the lease/tenancy agreement. Which leads us to believe that they only have a verbal agreement. What grounds can we use to get them out of the property as we do not have a copy of any lease and believe that they are
in there without a lease, but as the previous owners let them in the property we assume that we can not issue proceedings against them as squatters? Thank you in advance
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Any lease must be with you, if there were previous ones then this came to an end when you took over the property. So all you need to do is serve a notice to quit.
If they refuse to leave then you can apply for possession using form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Th e Court will list the matter for hearing and decide whether to give possession.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you for your advice. Does the notice to quit have to be on a particular form and does there have to be a particular length of notice?
Also if we do not know the names of the occupiers who would we address the notice/claim against?
Thank you so much for your help
Expert:  Ash replied 1 year ago.
No particular form, I would give a months notice, you just address it to the occupiers.
Alex
Customer: replied 1 year ago.
Thank you sorry just one last question if the occupiers fail to vacate after the one months' notice do we then issue the claim and draft the Particulars as though they were trespassers?
Many thanks for all of your help it is very much appreciated
Expert:  Ash replied 1 year ago.
Yes you issue a claim as trespassers.
Does that help?
Alex
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your help and your answer

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