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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71133
Experience:  Over 5 years in practice
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We have a tenant in our house in Preston who has not paid for

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We have a tenant in our house in Preston who has not paid months. We paid £108 section 8 eviction order, but he wont move out. We have to pay in total £864 to take him to court, which we have not got. He says he has nowhere to go and we go to Spain a lot so hes just sitting there and refusing to leave. We have no pension as the rent is supposed to be our income, what can we do, we are desperate? Mr M Burton
Jo C.
.
Thank you question. My name is ***** ***** I will try to help with this.
Do you have a possession order from the court?
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Customer: replied 3 years ago.

No

Thanks.
If he refuses to leave you will need to get one. He will either be on an AST or a periodic and there is no other way of evicting him in either case unless, of course, he goes voluntarily.
I realise that it is an investment but there is just plain no other way of evicting him.
It is simple enough when a possession order exists. If he refuses to go you just get a court order allow bailiffs to evict him.
Without that though, you cannot evict. That is unlawful eviction which is a criminal offence I'm afraid.
Sorry if that is bad news.
Can I clarify anything ?
Jo
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