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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We let our flat short term few weeks while away

Resolved Question:

Hi,
We let our flat short term for a few weeks while away and now that we are back the tenant is refusing to move out. How do we get them to leave?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I am assuming they rent the whole property. If they a real refusing to leave then you need to apply to the court for possession. Write and ask them to leave or say you will seek a court order.
You need to complete form N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court will set the matter down and decide whether to give possession. Once you have possession the tenant can be evicted,
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Do we still need to get a possession order if it was for a couple of weeks and there is no contract? also this was a sublet, the current tenancy ends in March. Where can I go live now, this is my primary residence?
Expert:  Ash replied 1 year ago.
Yes. You must must must get a possession order otherwise it would be an unlawful eviction and you could be sued. Sadly you need to stay with friends or at a hotel. But all these costs can be claimed.
I am sorry it's not better news.
Alex.
Customer: replied 1 year ago.
I dont know their full name or any of their details. I only know their first name. can I just put that on the form? how long does it take to take them out with the possession order?
Expert:  Ash replied 1 year ago.
Yes that is all you can do. It can take a month to get an order.
I am sorry it's not better news but I have a duty to be honest.
Does that help?
Alex
Customer: replied 1 year ago.
Ok I see. Thank you for your honesty.What if I just move back in an change the locks?
Expert:  Ash replied 1 year ago.
You could be sued for an illegal eviction and be prosecuted.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you for your help.

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