Thanks,

The property is

Tax band E Mixed use No

The mixed use is interesting, Mixed use property - a property can have a domestic or mixed use, as it says no.

If it says no then it should be residential only. However it depends on what type of thing they are doing. I have my own business but do a lot of work - phone, internet, ordering etc - from home but not enough to warrant a change of use. I do have separate premises I trade from.

They have C2 Residential institutions planning permission, so I think they can run a C2 class business on a residential contract.

Again I need to confirm that with the local council.

You say they are renting the whole property under a normal residential AST - you could leave yourself or rather your Mother open to MAJOR trouble if you are coming and going and entering the property without "permission" and giving them 24 hours notice. Never mind the legalities of letting the Bailiff in - your presence there to let the Bailiff in without the tenants permission means they could turn round and hammer you in the courts.

The fact they have broken planning permission, and you want rid of them makes no difference, until the Court agrees and signs the Eviction the entire property is Theirs, you own it, but the law classes it as their home.

It sounds like you say you or your mother is living there at the moment? If either of you is, is it with the provable, ie written/text or recorded audio permission of the Tenants? Because if they know their rights, you are risking all sorts of trouble, they could argue if you cant prove either of you is now living there with permission that you have been attempting an illegal eviction, by moving in and thus "forcing" them out. Like I say, whether they live there or not, they are renting the whole property on an AST, and the Law says it is their home.

Just warning you, because if they are "rogue tenants" they very likely do know their rights and the law, and could be "setting you up" for an expensive fall. It was on one of these programmes following Housing Enforcers, private and Local Authority, and one company takes people to court for eviction on Landlords behalf (expensive way to do an easy process I would think!) and the guy was saying the worry on the day of the hearing is the Tenants could pull out "anything" to try and delay the eviction, so you need to make sure you and your mother are bullet proof.

Remember, if they went for an illegal or attempted illegal eviction angle, and proved it, that is a Criminal Offence, not just an expensive in terms of fines, compensation etc civil one.

The Bailiff himself will be fine, but if you let him in, and your presence there could be considered unlawful, no 24 hours notice, permission from tenants etc, it could go badly for you, look how the courts would see it, a Tenant says my Landlord wanted to serve a legal notice, and just let himself in, then let a bailiff in to do it, the legal grounds for you would be shaky I suspect.

Why are you using a Bailiff to give the notice? Seems an expensive way of going about sticking a letter on a desk, or handing it to someone. Court's seem to consider normal post a perfectly acceptable way of issuing legal paperwork such as an eviction hearing.