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Hello and thank you for requesting me.
How can I help?
Hi Alex,
My mother owns a property
she was living in the property with her son, daughter in law and 2 children
earlier this year she fell out with them and left the property
they are not rent payers and so are legally classed as licensees
we sent them a notice through a solicitor saying that my mother is revoking their right to remain there and they need to leave the property by 10am october 31st
ok
i received a letter from their solicitor saying that we need a court order to evict them, is this true?
Yes
You must get a Court order to evict
do we need to apply for a court order after the 31st
can you just confirm what is the process for evicting licensees
1) You serve notice
2) They do not move out
3) You issue a claim form N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
4) The court lists for hearing
5) A possession order is made
6) If they dont leave you instruct bailiffs.
That's it really!
Can I clarify anything for you?
what is the court order called
Possession Order
oh possession order
Or an order for possession.
Either way works
his solicitor is saying that if we dont have a court order, we must withdraw the notice
No, you can give notice to leave, notice to quit
But you cant just change the locks and evct
* evict *
Does that help?
Attachment: 2014-10-22_160502_20141022152040553.pdf
alex, did you get that letter
Yes. You dont need to withdraw the notice
how do i respond
Just that you accept you need to get a Court order but the notice does not need to be withdrawn,