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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 2553
Experience:  LLB (Hons)
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How do i get a tenant out of my property? london, notice of

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how do i get a tenant out of my property?
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: notice of section 21 but was not carried out only gave a notice that we will be going to apply for a section 21
JA: Anything else you want the Lawyer to know before I connect you?
Customer: there may be damage to property

Hi, I'm Lea

Is the fixed term tenancy over?

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Customer: replied 13 days ago.
no it was not fixed term

What type of tenancy is it?

Customer: replied 13 days ago.
Hello, It was not, it was a friend that offered to buy the property with a new mortgage and did not and they messed me for over a year.

Did you live in the same property?

Customer: replied 13 days ago.
no at a different property.

Were you collecting rent?

Customer: replied 13 days ago.
I was paying the mortgage and they helping payments towards the mortgage

Was your agreement in writing?

Did you give receipts for the payments they made?

Customer: replied 13 days ago.
The agreement was verbal and no receipts was given.

I cannot see that you have a rental agreement of any kind - it's certainly not an AST, which means you cannot use a s21 to evict him. You have no rent agreement either, so it would seem he is just a visitor in your house.

You might want to regulate his being in your house by giving him a tenancy agreement now - for six months - with proper rental payments to be made. Ensure you serve all the relevant landlord information on him as required by law - if you don't know what you are doing with regards ***** ***** instruct a solicitor as you don't want to make mistakes.

I suggest the above as an alternative route, which may seem counterproductive as you want him out - but if he digs his heels in and waits for you to serve notice and take him to court, you're going to be six months down the line from here anyway, and with no guarantee that a court will give you possession.

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