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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a property which was being let through a letting

Resolved Question:

I have a property which was being let through a letting agent from June 2006. This was an AST.
I decided in February 2015, that the agent was letting us down due to delays in payment of rent. The agent prepared a new assured short term tenancy agreement in joint names for the married couple to commence in my name as part of the severance. At this point only one tenant was available to sign a tenancy agreement. The other was abroad doing missionary work. So only one tenant signed the agreement. The second tenants signature was marked 'not present'. The second tenant has never signed the agreement subsequently. I have now issued an possession notice in May and the legal notice period expired on the 16th August. The tenant has not left the property and still paying rent. I need to apply to the court for a possession order but do I complete the form with just the tenants name who signed the agreement.?
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.

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

Has the tenant who was abroad ever signed anything please?

Customer: replied 11 months ago.
Hi are you able to provide me with an answer based on what you have read. I am concerned at escalating costs without seeing anything in return.Regards *****
Expert:  Ash replied 11 months ago.

Sure Chris we can keep it online. Has the Tenant who was abroad ever signed anything?

Customer: replied 11 months ago.
Only the original AST in 2006.Nothing since and nothing to do with the AST commencing in Feb 2015.
Customer: replied 11 months ago.
Nothing else since either.
Expert:  Ash replied 11 months ago.

Is this other person living there?

Customer: replied 11 months ago.
He has been living there but was not always around I saw him once at the premises when I replaced some replaced some circuitry in the boiler and once at the hospital.
Expert:  Ash replied 11 months ago.

Ok - then you need to name the tenant who lives on the property on the claim form for possession.

So yes, its just the tenant who signed the agreement

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Should I name him as someone over the age of 18 whof has lived at the premises?
Expert:  Ash replied 11 months ago.

Yes I would.

Does that clarify?

Customer: replied 11 months ago.
Thank youRegards ***** *****
Expert:  Ash replied 11 months 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 and good luck.

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