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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19373
Experience:  Solicitor
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I require a barrister expert in property law. England, None,

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I require a barrister expert in property law.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I require a barrister experienced in property law to help me with the following process:1. I'm a landlord with a tenant I would like to evict under section 21.2. The tenant lives in a property which comprises  8 studio flats and one of bedroom flat in the basement. All the studio flats are self contained which meant that there was previously no need for an hmo license. In June last year we were asked by the council to licence the house under a new'additional licence scheme' which had been introduced. This application was fully completed and submitted and is now being considered.
3. The tenant in question has a tenancy agreement for when he lived in one of the previous units. He then agreed to transfer to one of the other studio flats and we do not have a tenancy agreement for him in this new flat. He has been occupying the current studio flat for over 2 years but does does not let us have access to the property even for inspection. There are a number of anti social behaviour issues. For a majority of this period we did not insist on carrying out inspections or entering his property due to the covid regulations. He still does not comply when request are made to inspect the property and he refuses to sign a new AST.
4. He has been paying full rent for living in the new studio for over 2 years and I understand and that this amounts to having a verbal tenancy agreement.
5. A previous attempt to apply for his removal under section 21 failed because the section 21 notice reference the previous address which was in the ast.
6. I require a barrister to provide clear guidance and process description as to how to apply for section 21 in a situation where there is no written AST and the tenant refuses to sign one. This could be simple bullet points which my solicitor could follow step-by-step so that we don't falter in the execution ie what needs to be written within the section 21 etc. I would also require a written form of representation in the way of a protocol or precedence which we can present in this case, so that the section 21 will not be invalidated in court.
7. If a barrister is interested in assisting me with this, please provide costs for an initial 30 minute phone consultation and the additional costs of laying down the exact process for my solicitor to follow, and the further cost for creating a case document which we can present in court if this is defended (the tenant will invariably apply for legal aid and mount a defence).
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Customer: replied 8 days ago.
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I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Just because there is no signed AST does not mean there is not one.

As such you can issue a S.21 notice:

https://www.gov.uk/guidance/assured-tenancy-forms

Once notice has expired, which is currently 6 months

If you gave your tenant notice on or after 29 August 2020, the notice period must be at least 6 months.

Once that has expired you can apply for possession using form N5:

https://www.gov.uk/government/publications/form-n5-claim-form-for-possession-of-property

And N119:

https://www.gov.uk/government/publications/form-n119-particulars-of-claim-for-possession

The Court will list the matter for hearing. The Judge will decide whether to give possession

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19373
Experience: Solicitor
Jamie-Law and 2 other Property Law Specialists are ready to help you