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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord and have issued my tenant with a section 21

Resolved Question:

I am a landlord and have issued my tenant with a section 21 notice which runs out today. The tenant who is named on the agreement left the property the end of last month leaving his partner and children in the property. How do I stand with getting them out of the property? Have tried to fill out an accelerated possession but all the forms only relate to the person named on the contract. Is there a different route I should be taking as she is not named on the contract?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Why won't they leave? Have they responded?

Alex

Customer: replied 1 year ago.
The only contact I have had is from Cornwall housing asking me to extend the time she has to move out and this was today!
Expert:  Ash replied 1 year ago.

Ok. Then you need to issue possession proceedings. You can't evict without a court order.

You need to complete form n5 and submit it to court.

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n005-eng.pdf

The court will list the matter down and decide whether to give possession. As she has no right to remain the court will.

Then and only then can you instruct bailiffs to evict.

But you must not evict without a court order.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
I started to fill out the n5 form but they ask for the name on the agreement who is no longer at the property I am not seeking an order against him he has left? The form does not allow you to deviate.
Expert:  Ash replied 1 year ago.

No. You just need to complete it as best you can.

You may need to complete form n1 instead and just out everything down the best you can.

Does that clairfy? Alex

Customer: replied 1 year ago.
Completing the form the best I can and completing it in the right way in my favour are miles apart. What does the form n1 entail?
Expert:  Ash replied 1 year ago.

Just that you want possession and why. It's a more generic form.

Does that clarify? Alex

Customer: replied 1 year ago.
Ok thank you. Scott
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please Scott, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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