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mo999
19-05-2010, 10:10 AM
Hi all, I hope sopmeone can assist.

My friend asked me if there was a notice which can be served to enquire the details of the occupiers of a residential house. I know there is a form that can be sent in commercial premises which requires the occupiers to give full details of the basis on which they occupy the property.

My friend inherited a property which has tenants in it. He has knocked on the door but no one answers. He has written letters but no response. They are not paying any rent either. It may well be that they have a tenancy agreement but we cant be sure. Is there any formal statutory notice we can send to them asking for them to declare who they are and what tenancy agreement they have.

I assume that if there is no reply, my friend should serve a section 8 for non payment of rent and issue a claim. Is this correct or should he go down the trasspassers route. I do the usual accellarated and simple section 8 claims but this one is beyong my knowledge so any assistance for my friend will be most appreciated. It is a nice property and will be nice for him to move into with his family.

Thank you.

westminster
19-05-2010, 15:48 PM
Try this
http://www.findermonkey.co.uk/who-lives-in-that-house

If they are tenants then you'll need to find out what type of tenancy it is. Do you know roughly how long they've lived at the house? Or any other information at all?

mo999
19-05-2010, 16:18 PM
I have asked my friend but he has no idea at all. He inherited the property and has no clue who is in there. The problme is that if they do have a tenancy then he doesn't want to get accussed of harassment or unlawful eviction.

Thank you for the link.

property mongrel
19-05-2010, 16:30 PM
Has he tried the local authority voters register or to find out whio is paying council tax there? Talk to the neighbours? Ask the postal delivery person? Knocking on a door and asking who lives at a house is not harrassment or illegal eviction, it's making enquiries. When he inherited the house was he really given no other information at all, just "to you I leave my house at XXXX address?"

pm

mo999
19-05-2010, 16:43 PM
There is more to the story. The property was initially unlawfully occupied and and was rented by someone else who had no right to rent it out. He was a neighbour who tried his luck after the owner died and just took over the house.

It was only later that the family (who lived abroad) found out the person who died had left a will and the house came to their attention. Litigation followed and the house was registered in my friends name. All that time these people were living there and no information was provided as to who they are.

I think he is just going to have to persist and try and get in contact. If not then I can't really see what else he can do.

westminster
19-05-2010, 17:06 PM
There is more to the story. The property was initially unlawfully occupied and and was rented by someone else who had no right to rent it out. He was a neighbour who tried his luck after the owner died and just took over the house.

It was only later that the family (who lived abroad) found out the person who died had left a will and the house came to their attention. Litigation followed and the house was registered in my friends name. All that time these people were living there and no information was provided as to who they are.

I think he is just going to have to persist and try and get in contact. If not then I can't really see what else he can do.
So the people living there are the so-called tenants of someone who tried to claim adverse possession? Or possibly squatters?

I think I'd probably try the procedure for evicting squatters and see what happens - if they have any sort of proof of a tenancy then no doubt they'd produce it to the court. And if they don't then I presume one would get a possession order. Your friend can't get into trouble if he just follows legal procedure.