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Joshua
Joshua, Lawyer
Category: UK Family Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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The tenant next door seems to be taking over. He now has 3

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The tenant next door seems to be taking over. He now has 3 cars on the drive, 2 are off the road we can get round but it is not ideal. He also has 3 dangerous dogs in there. One is a bull dog and 2 Maskies (I think this is the breed) yesterday the 2 got out and came down our end. The children rang my ex and even he said whatever you do don't go outside. I fear for my children. The dogs actually ran off down the road but once the tenant found out they were out he went to fetch them back. Also my ex for some reason won't let me serve notice on him even though he is behind with the rent. What can we do?

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Can I clarify is the tenant your tenant? Are you named as landlord solely or jointly with your ex?

Josh-2010 :

You refer to a drive - is this a shared drive please or a private drive for the tenants property alone?

Customer:

Yes he is my tenant too. I jointly own the property with my ex, we are now divorced. Yes it is a shared drive we have to have access to get off the premises as our house is next door but further away from the tenants house.

Josh-2010 :

Thanks. Is any part of his drive for the sole use of his property - e.g. not subject to a right of way for you to get to and from your property?

Josh-2010 :

Would you like to continue?

Customer:

Part of it is for him to park his cars but then anyone can park there its all open

Josh-2010 :

Thanks. In respect of the cars, he cannot park on any part of the drive over which you have a right of way unless you have given him permission to park there.

Josh-2010 :

This constitutes an obstruction of your right of way and you can if necessary seek an injunction to order him to remove the same.

Josh-2010 :

If you need to consider this you can apply using form N16A

Josh-2010 :

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=402

Josh-2010 :

In terms of his dogs, you may wish to check the terms of your tenancy agreement. many contain a no pets clause. If there is such a clause you can simply ask him to remove the dogs or serve him with a s8 notice for eviction.

Josh-2010 :

You can consider the use of an online precedent such as the following:

Josh-2010 :

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/

Josh-2010 :

You will need the agreement of your ex to serve an eviction notice on the tenant.

Josh-2010 :

Is there anything above I can clarify for you?

Customer:

The tenant does not have an agreement it has expired and my ex who has always been charge of everything did not renew it. Does this make any difference? Also we are going to court in September to agree finances and I need to force a sale on the properties can I then get court order to remove the tenant?

Josh-2010 :

No the original agreement will still stand if the tenant has not left. It rolls over month to month on a statutory periodic tenancy under the provisions of the Housing Act.

Customer:

Ok Thanks

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