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How to get a court possession order?

Hi All,

I have an excluded tenant who has still not left after the notice period (I gave her 6 weeks and it has been 8).

I have read that I can simply change the locks, however I would rather get a court possession order - how do I submit the paperwork for that?

Is there a form I fill out with all the relevant details?

Thanks,
Pete.

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    what do you mean "excluded tenant" - is s/he on an AST or are they a lodger ?
  • If they are lodging then you have no need to get a court order, the court won't look too kindly on you wasting their time to be honest.

    You have given her enough time I would tell her if your not gone by x date then I have no choice but to change the locks and remove her belongings from the property.


    CC debt at 8/7/13 - £12,186.17
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    5 year plan to live unsecured debt free and move home
  • Trollfever
    Trollfever Posts: 2,051 Forumite
    This section explains the rights you have if you have a private landlord and you are an excluded occupier. It covers the rights you have to live in your home and get repairs done. It also explains how you can end your tenancy and how your landlord can evict you.


    http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    I think you are being unnecessarily tolerant. Tell your lodger to be gone by the weekend and make clear that the lock will be changed on Sunday evening (or Monday morning if that's when she leaves for work) and that after that date she'll have to contact you for a mutually convenient time to collect her belongings she should leave any past the eviction date. Put this in writing and keep a copy.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    And don't leave him/her alone in the house in the meantime........
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