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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Hi, Business premises occupied by LIcence . Licencees given

Customer Question

Business premises occupied by LIcence . Licencees given written notice that
Their licence to occupy premises terminated and to vacate the premises within
One month.
They have not vacated. I am making an application to the county court
On claim form N5. please could you advise me the correct particulars of claim
Form is it N119 as that appears to be residential only.
These premises are not residential so what is the correct particulars of claim form
To use.


Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

When was written notice issued please?
Customer: replied 4 years ago.
There are two properties issued
1st September 2013 and the other 7th May 2013
Expert:  James Mather replied 4 years ago.

Do you still have a key to get into the property?

Are they up to date with rent?

Why do you want them out?

Customer: replied 4 years ago.
Please just answer my question
As the County Court was unable to confirm if the N119 form
Was the correct for particulars of claim in relation to possession
Of business premises that is why I contacted this advice line.

Please if you are not able to answer my question which is in relation
To the correct form number and nothing else, please advise.
Expert:  James Mather replied 4 years ago.

If they are not up-to-date with rent by two weeks, or they have overstayed their notice, you can simply lock them out which is why I asked the question. I don't know why you are bothering with an application to court if this is a commercial property.

There is no need to use any form at all.

Customer: replied 4 years ago.
Thank you. The probelm is the
Premises are catteries so I could hardly lock them out! One owes
money the other has being paying an occupation fee.iIt is the cats
welfare that is the concern. That is why I thought a Judge
Would be able to give a deadline to vacate.
Expert:  James Mather replied 4 years ago.
Judges give deadlines all the time and people don't vacate so I wouldnt waste time on that yet.

If you had court order and/or instructed bailiffs, and the tenants simply didnt move, how would you deal with that on a practical basis?

I have cats so empathise with your quandry.

Could you lock them out and contact the cat owners (some will be on holiday and some may be long terms residnents) or put someone else in to manage in short term?