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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A man is squatting my house. Initially he agreed to leave on

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A man is squatting my house. Initially he agreed to leave on Friday but later he changed his mind and decided to stay . I told him to leave otherwise a legal proceedings will be followed. He ignored my advice. Can I get police officer to remove him as he is a subtenant without a tenancy agreement with my tenant. My tenants have vacated the house. He is the one staying behind. What should I do? please advise me. Thanks very much
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Does he rent a room, or does he have possession of the whole house?Alex
Customer: replied 1 year ago.
according to my tenant, he is renting a room from him without any formal written tenancy agreement. now the tenancy agreement terminated, my tenant has moved out but only him still remain in the property. he
Expert:  Ash replied 1 year ago.
Ok - why wont he leave?
Customer: replied 1 year ago.
My tenant was subletting the rooms without my consent. That's why the estate agent gave him notice to vacate the house. He did move out but this man went to the agent's office promising to leave on friday. I think he is playing to get a council house
Expert:  Ash replied 1 year ago.
Ok. If he is not permitted to be there at all, you need to serve a notice to quit. If he refuses then you MUST get a Court order, the Police wont be able to help. You need to complete form N5:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n005-eng.pdfThe Court will list the matter for trial and decide whether to give possession.Once the Court does and if the tenant refuses to leave then you can get bailiffs to evict.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I texted him to leave today and hand the keys back to estate agent tomorrow. does a text mesage suffice as a notice?
Expert:  Ash replied 1 year ago.
No. You need to serve a formal written notice giving 14 days.Does that clarify?Alex
Customer: replied 1 year ago.
I did research on internet and understand what steps i have to follow in order to remove him but this takes a bit of time. As he is a subtenant without a tenancy agreement and when the tenancy agreement terminated, he has no right to stay. Is it right?
If i have to give him 14 days notice, i think the court order will be in place by the time.
Expert:  Ash replied 1 year ago.
He does not have to say, but you cant evict without a Court order.No, you need to give notice first and then if he does not leave get a Court order.If you go straight to a Court order without notice the Court will dismiss your application for possession.You are required to give notice.Does that clarify?Alex
Customer: replied 1 year ago.
can I give him a notice at the same time to apply for IPO?
Expert:  Ash replied 1 year ago.
No. You need to:1) Give 14 days notice2) If he does not leave apply for possession3) Get a Court order for possession4) If he does not leave, instruct bailiffsDoes that clarify?Alex
Customer: replied 1 year ago.
can i ask you what the grounds for 14 days notice?
Expert:  Ash replied 1 year ago.
Yes because you are required to give him time to quit.If he does not quit then you get a Court order.If you apply for possession now a Judge will ask - did you give notice?You will answer no and the Judge may not give you possession and certainly wont award your costs.Then you have just lost £250.Does that clarify?Alex
Customer: replied 1 year ago.
on IPO form it require you to fill in Claimant's full name and address (is this my current address as i am leaving in another house further away from the rented one) and address for service ( is this the correspondence address or the disputed rented one). I don't want to disclose my current address to the defendant as this form will be served to the defendant later , is it right? thanks
Expert:  Ash replied 1 year ago.
Yes you need to include your address. But you can use any address you have access to get mail, ie parents etc.Does that clarify?Alex
Customer: replied 1 year ago.
Can I instruct my estate agent to issue the squatter a notice on behalf of me? My estate agent is supposed to fully manage my property. can i ask what the agents responsibilities are under this circumstances? i gave them a vacant house before and i should get a vacant house back. So the agent is still responsible in this case (squatting). Is it right? the agent cannot discharge their responsibilities.
Customer: replied 1 year ago.
in relation to the IPO , can i ask the agent to act on my behalf?
Customer: replied 1 year ago.
with regard to the address on the IPO form, Can I use the agent's address ? if not, Can i use my office ( employer's address)? thank you.
Customer: replied 1 year ago.
are you off line now? please answer me these 3 questions so that I know where i stand. Thanks ever so much.
Expert:  Ash replied 1 year ago.
1) Yes you can instruct the agent to serve notice2) The agents responsibilities are set down in your contract with them, so you need to check that.3) No, the agent is not responsible for squatting, they are not there, it is the tenant who is squatting and liable.4) Yes you can ask the agent to Act for you for the IPO, but you must named as ClaimantDoes that clarify?Alex
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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