Eviction options?

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    Eviction options?

    In my live in property I have a basement annex (it has its own kitchen and toilet) where I have rented. The tenant was slow on paying rent. I gave her one month notice to leave. The day when it expired I get a call from a housing officer in the council saying that they are assessing her application and till this is done she will not leave the property and I need to go to court to evict her.

    I am looking at options to evict her.
    1. As it’s a non assured tenancy I am thinking of evicting her through common law. Not sure how long and the process is?
    2. A eviction agent told me, since I have no deposit, get the EPC form and issue section 21 as this is faster and better
    3. Is the process to evict her based on non payment easier?


    Any advice?

    #2
    As you live in the same building it is possible that she is an excluded occupier with basic protection. However, it is also possible that a court would rule that she has an AST so I would be careful about trying to evict under the former possibility without specific legal advice.

    The EPC form and s21 are only relevant to possession claims for assured tenancies

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      #3
      What does the tenancy say about eviction and notices? HOW (verbal, txt, via. Whatsapp..) did you give her one month to leave? Where did you get the format of notice you served, please?

      Did she live there before you bought?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        Thanks DPT.
        theartfullodger, I gave one month written notice. Issue is I need to take her to courts to evict her which takes 3-4 months and cost from what i hear.

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