Question

Applying to Court for Possession — Standard Procedure (England) | Types of Tenancies (England)

Completing N5 Claim Form

5 Jan 2018 | 1 comment

I am the executor of an Estate.
The deceased (sole property owner) lived with someone (not romantically) who has since remained in the Property.
Following your advice, we served a formal letter on the occupier to vacate within 2 months. They have not.
I am now submitting a Court Claim and would I be in correct in choosing ‘Trespass’ as the ground for possession. I note I can choose more than one, so should any others apply?
I further have to do Particulars of Claim so is there any ruling/definition that I can use to explain my choice(s) for grounds of possession?

Thank you in advance

Answer

1 Comment

  1. guildy

    This isn’t really our expert field because we deal with landlord and tenant primarily.

    However, we don’t think trespass is correct because they entered and remained there perfectly lawfully.

    We believe you could select “other” and refer to the notice you gave. As a court order is being required, it may be best to contact a solicitor to help and perhaps attend the hearing with you.

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