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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a social housing organisation that receives enhanced

Resolved Question:

We are a social housing organisation that receives enhanced housing benefit payments for vulnerable adults and families. We have had a woman with 2 children who have caused a fair amount of damage to the contents of the house, as well as other issues around non-reporting of a leaking boiler which ultimately caused a fair amount of damage. As a result of this we issued her with a Section 8 and a Section 21(b) notification (copies available if you need them). These documents requested that she vacates the property within 2 calendar months, with the final day being tomorrow (11th May). She has now insisted that she's not moving out and is happy to bide her time and stay at the property against the company's will (and better judgement) unless she is removed via the Courts process. What is our next step, what do we need to do to remain legally compliant and how do we go about those steps? Thank you.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.If you have served notice already and the tenant has refused to move then you need to seek an order for possession.You need to complete forms N5:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n005-eng.pdfAnd N119:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n119-eng.pdfThe Court will list the matter down for hearing and decide whether to give possession. As long as you have given the required notice then the Court will give possession.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
We complete both forms as the claimant with the tenant being the defendant, is that right? Who do we give these forms to - the tenant, the court system, both??? If it's the court system, which part of the local courts do we submit them to?
Expert:  Ash replied 1 year ago.
Yes N5 and N119. You send 2 copies of this form to Court and they get sent to the Defendants local Court to themDoes that clarify?Alex
Customer: replied 1 year ago.
Thanks Alex - is it the local Magistrates Court we send it to, or is there a specific department it has to be posted to? Thanks.
Expert:  Ash replied 1 year ago.
No. County Court. Find it here:https://courttribunalfinder.service.gov.uk/search/Does that help?Alex
Customer: replied 1 year ago.
Alex, that is great - thank you so much!
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex
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