How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9521
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Property Law Question Here...
Jeremy Aldermartin is online now

I asked that my earlier email be traced by using my email

This answer was rated:

I asked that my earlier email be traced by using my email address. I need to know what Eviction Order to use. Evicting Tenants who have no tenancy agreement as they became friends of my mother's. 14 years now. Jeweler as the Administrator I have to sell to pay Inheritance Tax. I have no details of payments as my elder brother refuses to communicate , yet he is receiving some money from them even if it is not the going rate. I have asked the female partner to disclose details but she hasn't because she would rather not leave. I was given good advise from yourselves earlier. However because of Covid laws I was unable to proceed Tracing my earlier emails I would not have to go over the same information. Now I would like to download the appropriate form (under the correct section of the law).
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Good evening thank you for your question, I am sorry to hear of your situation. You will need to apply to the County Court for an Order for Possession, following which you can apply to the Bailiffs for an eviction order to have the locks changed.

Usually you would send a letter before Action, informing the occupants if they do not vacate in say 30 days you will be applying to the court to have them removed.

Kind regards

Marian

Customer: replied 11 days ago.

Thank you,

I was led to believe that I would first have to issue an Eviction notice. Is this not correct? If so which section would I use under the Eviction law ? They will need this so that they can go to the Council to be re-housed as the man is in his 70's.

Could you clarify this please.

Yours,

Jacqueline

Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Tetyana-moderator

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

You can issue notice under s21 namely that there is no fixed term rental agreement and you need them to leave. You can see a sample notice here for s21 notice: https://www.rocketlawyer.com/gb/en/documents/section-21

Once the notice period has passed you can then apply to the court for an eviction if they still have not moved out you need to use this form: https://www.gov.uk/government/publications/form-n5-claim-form-for-possession-of-property

Send it to the nearest court that deals with housing: https://www.find-court-tribunal.service.gov.uk/services/money/housing/search-by-postcode

It costs £355 to apply. Send a cheque made payable to ‘HM Courts and Tribunals Service’ to the court with your completed form.

I trust this assists

Customer: replied 8 days ago.
Hi ,
I was told that I would have to go to Court to evict some Tenants and then get the Baliffs without and eviction notice.
My main issue was what section under the Eviction Act I could use as I want to issue the right form. It was complicated because they became friends and have been paying a nominal rent ever since. This to my brother even though I am legally the Administrator. I know nothing . He won't communicate. We owe IHT and I and my other brother are now desperate to sell.

I have just said the forms you need I have set out the process above. Once you have the eviction notice you can get the bailiffs. I trust this assists

Customer: replied 8 days ago.
Many thanks you have been most helpful. I had reiterated the information because I wasn't sure how much you knew.
You've been a great help.

Happy to help, take care

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9521
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you