Evicting son

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    Evicting son

    I may have mentioned this before, but my 32 year old son has an enduring mental illness for which he refuses to take medication, and for over 12 years we have supported and provided shelter for him, but we now have to sell the house in which he lives under an assured shorthold rental agreement, and have had to ask him to leave. His social worker and housing officer are standing by to offer him supported housing once he goes.

    Under legal advice we issued a Notice to Quit, the deadline of which passed on 24 June. We have asked a solicitor about next steps and he told us it will cost about £550 in total to get him to do the Court Order (his fees, plus court fees etc). However because this action will be for Possession only, not for rent arrears, he said it would be possible to do the whole thing by post and not involve the Court at all. I think he was also implying that it would therefore be cheaper too.

    Does anyone know about the process of a Court Order ? - is it something I can do myself without a solicitor ? - paying £165 per hour for a solicitor to do it seems excessive to say the least. What documents do I have to serve and what do I have to do?

    The process is indeed simple and many of us landlords here do it ourselves! Your solicitor is referring to the eviction process under section 21 of the landlord and tenant act, and provided that the "notice to quit" as you call it has been correctly served and you have given your son at least two months notice, you need to apply to your local county court using form N5B fill it up, enclose copies of the appropriate documents (you need three copies of everything, one for the court, one for your son (sent to him by the court) and one for you (sent out by the court). The judge will then consider your application in chambers and provided that you have got the paperwork right, a possession order will be forthcoming. This may be enough for the council to start rehoming your son, but if it isn't, you will need to apply to the court bailiffs to evict him. They will then write giving him date and time. This letter WILL make the council take action. This, fairly lengthy procedure is laughingly called the "accelerated process". It does not however cover rent arrears. If you need to take action to recover these, then a separate action in the small claims court will be required.
    There is a ton and seven eighths of information on the section 21 process on this board. Just browse away - or try the search engine!

    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.


      Evicting Son

      Thank you PP - your reply was most helpful and may save me a small fortune!


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