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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24611
Experience:  Senior Partner at Berkson Wallace
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I have a property that I rent to tenants, I can’t afford to

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Hello, my name is***** have a property that I rent to tenants , I can’t afford to keep the property and want to sell it back to the council, I issued the tenants a section 21 on the 27th of March snd because of the covid had to give 6 months notice, which takes it up to the 29th of September, I have recently been told they won’t leave the property, they won’t communicate with me, please can I have help on what I need to do now, the longer this goes on the more debt I am getting in , the tenants are family of my ex husband who signed the property over to me and I am sole owner now, the tenants that are in property has never signed a contract so I think that make it a shorthold tenancy?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I haven’t, and the property is in Portsmouth
JA: What steps have you taken so far?
Customer: just the section 21 and sent tracked and have proof that the tenants received it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No nothing else
Customer: replied 14 days ago.
Please can I have help in what I can do now to be able to evict the tenants from property thank you

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

How did they come to be tenants in your property?

do they owe rent etc?

and what do you mean sell back to council? can you just put on market now?

Customer: replied 14 days ago.
The tenants were placed in the property from my ex husband, we had a settlement that I became soul owner of the property and he became the soul owner of he house, I kindly said they come stay renting the property until I needed to sell which I need to now and they have become very difficult
Customer: replied 14 days ago.
The council are doing a buy back scheme but won’t proceed if the tenants are still in the property
Customer: replied 14 days ago.
I do not have the funds to receive a call from you until the 13 of this month

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost.  It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time.  So you can ignore it or go ahead or go ahead later.  It’s your choice.

Meanwhile, we can carry on on here.

You need to prepare the court papers now ready to submit them to the court on 1 October.

If they have an AST, then you need court form N5B

If you get an order for possession, then if they still don’t leave you need a further application for a warrant for possession for bailiffs to come and physically evict the tenants.

Remember to ask the court to award costs against the tenant because of these court proceedings which should not be needed.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 14 days ago.
Okay thank you, ***** ***** like you to assist me with this matter to the end as I really not sure how or what I am doing with this matter as not done it before, how do I get a n5 form and can I get help with this ?

I’m afraid that we are specifically not allowed to take instructions from here.

If the site were to be a source of potential clients, we would no longer be independent because we would have an interest in pursuing litigation.  With no interest in pursuing litigation, we can be really objective with our view is to whether something has a good chance or a limited chance of success.

In any event, for logistical reasons you would be better using a local solicitor .

To find a solicitor, you can search by postcode and specialism on the Law Society website  www.lawsociety.org.uk find a solicitor link which is at the top left hand corner of the page.

Customer: replied 14 days ago.
Okay , thank you for your help with this matter, kind regards vicky

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Customer: replied 14 days ago.
Okay thanks again

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

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