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crossfire
18-10-2010, 11:47 AM
Hello,

I have served a NTQ on the company and it has expired. The company has not handed back keys ot confirmed that they are levfing the property. I now need to make a possession claim through the court.

What court forms do i need to complete to gain possession?

Regards

Crossfire

dominic
18-10-2010, 11:49 AM
Are the premises used for the purposes of carrying on a business?

i.e. is it commercial accommodation?

jeffrey
18-10-2010, 12:26 PM
Or, if it's residential accommodation, did you let it to Co. which sub-lets it to a residential occupier?

crossfire
18-10-2010, 13:44 PM
It is a residential property let to a company. The common law tenancy is in the companys name and i beleive that makes the person residing at the address a licencee.

jeffrey
18-10-2010, 13:50 PM
It is a residential property let to a company. The common law tenancy is in the companys name and i beleive that makes the person residing at the address a licencee.
Maybe; or, more likely, he/she could be a sub-tenant of C.
Either way, your letting to C is governed by common-law contractual rules and not by any statute law.

crossfire
18-10-2010, 14:20 PM
If i want to make a possesion order do i fill an N5 with N119? I am aware that i can not use the accelerated procedure.

dominic
18-10-2010, 14:35 PM
Maybe; or, more likely, he/she could be a sub-tenant of C.
Either way, your letting to C is governed by common-law contractual rules and not by any statute law.

Well, I have asked this before but...

If I (LL) let to a company (C), who sublets to a tenant (T), how can I get T evicted in the event C defaults and I wish to let to T2?

jeffrey
18-10-2010, 14:43 PM
If I (LL) let to a company (C), who sublets to a tenant (T), how can I get T evicted in the event C defaults and I wish to let to T2?
You as L cannot, directly at least. You terminate C's letting (by your title paramount); so subT's rights to occupy end too. SubT does have rights against C, for breach of 'quiet enjoyment' rights, but that would result only in damages payable by C to subT. C's obligation to give you vacant possession of the premises brings with it the obligation for C to procure removal of all who occupy under it.

dominic
18-10-2010, 14:50 PM
But T's tenancy cannot come to an end because it is prevented from doing so under the HA 1988....

Under s.5 only a court order etc can bring it to an end...

crossfire
18-10-2010, 15:02 PM
I dont think an AST agreement can be between the Company and the licencee as the company is not the landlord.

So...would i need to complete a possesion order form (N5)?

jeffrey
18-10-2010, 15:30 PM
But T's tenancy cannot come to an end because it is prevented from doing so under the HA 1988....

Under s.5 only a court order etc can bring it to an end...
That will be C's problem- not yours as L.

jeffrey
18-10-2010, 15:32 PM
I dont think an AST agreement can be between the Company and the licencee as the company is not the landlord.
Wrong. You let to C. C sub-lets to subT (probably on an AST). C is subT's landlord; you are C's.

dominic
18-10-2010, 16:09 PM
That will be C's problem- not yours as L.

So, I can just boot out T (who is in occupation of my property) with no consequences?

And your post at #8 is therefore incorrect, since the tenancy between C and T has not come to an end as would have otherwise happened by operation of law, but for s.5 HA 1988?

jeffrey
18-10-2010, 16:23 PM
So, I can just boot out T (who is in occupation of my property) with no consequences?
Certainly not. You need an Order against C, compelling C to procure vacant possession against subT.

crossfire
19-10-2010, 12:01 PM
My next clanger to inform you about is the fact that I dont have a written Common Law Contract.

Am I correct in believing that as long as the company has been paying monthly rent direct to me and that arrears letter have been sent to the company as well as rent statements, that would be enough to sufice as a common law tenancy?

jeffrey
19-10-2010, 12:22 PM
My next clanger to inform you about is the fact that I dont have a written Common Law Contract.

Am I correct in believing that as long as the company has been paying monthly rent direct to me and that arrears letter have been sent to the company as well as rent statements, that would be enough to sufice as a common law tenancy?
Why on earth did you not procure a properly-documented transaction? Whose fault was it: yours or someone else's?
Anyway, yes: receipt/payment of rent evidences an oral contract.

crossfire
19-10-2010, 12:32 PM
I cant worry about what has happened and it wont happen again. Sorting out the problem and moving forward is what i want to do.

Your advice and comments have been very helpful. I am still not sure what possesion order form i need to complete? are you able to give me advice on this?

If not I am going to plumb for an N5 and N119 and see where i get.

jeffrey
19-10-2010, 12:41 PM
Sorry, but I do not handle litigation- so I cannot guide you re appropriate form(s) to use. Await experts' arrival!