In the process of evicting tenants and my solicitor has been extremely incompetent throughout the process and giving extremely wrong and bad advice. This process has been ongoing since before Covid, as the tenancy agreement ended in November 2018, with the solicitor dragging it out since then.
The tenants were given an eviction date by the court for 27th August and still have not vacated the property. The solicitor refused to submit the N325 and stated we had to wait 7 more days after the possession order to be able to do this. When I emailed to ask why we had to wait 7 days he responded that he has no time to respond to us and to deal with this matter directly with the ministry of justice and that I should do everything myself now.
The problem is I have no clue on how to complete the N325 and the EX97A. I’m also worried that as the possession order only states the name of the tenant that signed the tenancy agreement and not the other tenants, which are his mother and brother, that I will be unable to evict all of them.
Are the mother and brother also named as tenants in the agreement or just permitted occupiers?
Are you sure the judge didnt order that you have to wait 7 days before the next step? Its often 14 days.
My understanding is that the bailiff application is relatively straightforward. You could probably do it yourself with some guidance. Are you a member of a landlord association?
They are permitted occupiers so not on the tenancy agreement.
No, the judge didn’t say that. My understanding is that we can apply for a bailiff warrant straight after the date has passed but that the bailiffs have to give the tenants 7 days notice before they come to the property.
So you dont need to worry about the permitted occupiers not being named on the order as they have no legal status and will just be cleared out with yhe tenant by the bailiff.