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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented a property to a Chinese Tenant in November 15. They

Customer Question

I rented a property to a Chinese Tenant in November 15. They paid a deposit (£650.00) + rent upfront (£650). Next rent was due on 21st of Dec.
I came from xmas holiday and realised they missed to pay the rent which was due on 21st of Dec. So I contacted them on the number they gave me and it went straight to voicemail
I visited the house only to see the front door & back door open with the key inside. I visited their work place as per the payslips they provided me only to be told they do not work there. Worth mentioning their clothes are not there anymore. Just their furniture in the living room. I went to the Police to report but they said they can’t help me.
Am not sure what to do now.
Any suggestion please?
Thanks
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are they living there do you know?
Alex
Customer: replied 1 year ago.
Morning Alex,Am trying to cut down on cost, so please post your reply / response / further questions you have here.. To answer your question:No - they are no longer there. I said in my notes, the house was empty when I visited. They left the front and back door open with bthe Keys left on the inside of the front door.They have already missed 1st months rent which was due 22nd Dec 15. And 2nd months rent is due 22nd of this month.They also left they food in the fridge which has since all decomposed and made house smelling like someone died there. Am talking meat, fish, etc.If you have any further question please ask.ThanksDonald
Customer: replied 1 year ago.
I've just activated the site's trial package to see how / what the service it. Given this, can you call me as part of this trial? My number is ***** Please call me about 10am incase you want to call. Thanks
Expert:  Ash replied 1 year ago.
If you are sure they have gone then you can take back possession and change the locks. But you may wish to get a court order just to make sure.
If that is the case then you can apply to court usng form n5 for possession. The court will give you possession then you can formally trade it back. If you don't get a court order there is a risk they could argue they have been evicted without a court order and sue you for that.
So it's up to you. No court order is quicker but there is a risk of illegal Eviction.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.
May be safer to get a court order. Re applying to court using form n5 for possession:1. How long will that take? i.e. how long to be granted?2. Do you have a copy of the form n5 that you can send? My email is***@******.***ThanksDonald
Expert:  Ash replied 1 year ago.
It can take around a month or so.
N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Does that help?
Alex
Customer: replied 1 year ago.
Very helpful thanks Alex. Appreciate itIf I have any other question, can I come back to you?D
Expert:  Ash replied 1 year ago.
Yes you can
Does that help?
Alex
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
Alex,So I have just downloaded the form. Guidance says the form can only be used in England and Wales.Which means that I cant use the form as my property is in Scotland. So What form can I use?Look forward to your responseThanksDonald
Customer: replied 1 year ago.
You there Alex?
Expert:  Ash replied 1 year ago.
Sorry here
https://www.prhpscotland.gov.uk/sites/default/files/prhp/AT6.pdf
Alex
Customer: replied 1 year ago.
No probs thanks.So, I know I can serve the Notice to Quite & the AT 6 together.Given my situation, do I need to wait 2 months to initiate the court proceedings or can I initiate the court proceedings immediately post serving the Notice to Quite & the AT 6Donald
Expert:  Ash replied 1 year ago.
I would serve a notice to quit and the AT together.
Alex
Customer: replied 1 year ago.
Yea I know. Do I need to allow 2 months after I served the NTQ & AT before initiating the court proceedings or can I initiate the court proceedings immediately post serving the Notice to Quite & the AT 6
Customer: replied 1 year ago.
I read somewhere I could initiate court proceedings 2 weeks after serving the NTQ & AT. Is this correct?
Expert:  Ash replied 1 year ago.
Yes 2 weeks after is fine. Does that clairfy.
Alex
Customer: replied 1 year ago.
Phew... Yes it does.Finally, to initiate court proceedings in Scotland, what form do I use? I know i will need to apply to the Sherrif court...Thanks
Expert:  Ash replied 1 year ago.
Yes you will need to issue proceedings in Scotland. Just speak to the sheriff office and ask for the forms. You may be able to do it online as you can in England and Wales.
Alex
Customer: replied 1 year ago.
Fantastic.... Thanks for your help & time.Good service / advice..... I read them all but needed confirmation from an expert...How do I rate you?D
Expert:  Ash replied 1 year ago.
You need to click one of the happy faces!
Alex
Ash and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
DoneDonald
Expert:  Ash replied 1 year ago.
Thanks
Alex

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