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can I move into my property if the tenant refuses to move out


clareprice

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The tenant was living there with her boyfriend who moved out, no rent has been paid for over 2 months, a section 21 and now 8 has been issued (the 8 is being 'processed' at court !) She's on housing benefit who don't seem to want to help me. I will have the property repossessed very shortly from me if I don't either get her to pay the rent or get the property re rented - she laughs in my face etc and says I am harassing her if I try to speak to her. Can I just move into my property while she is still living there ? I currently live 4 doors away.

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You have granted the exclusive rights of possession, until the courts (or T's) decide otherwise.

A letter to HB should freeze all payments at least, and should have them diverted to you easily enough.

Be patient, and trust me with this sort of process you will have to be, there is no speedy solution other than paying her to leave.

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clareprice - was the boyfriend on the tenancy agreement?

If not it would be easier but if he is you have to go through the court process.

If both persons were on the tenancy agreement then both are 'jointly and severally' liable for paying the rent - even if she moves out. Where is the deposit and will that cover the rent debt?

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