Accelerated Possession Procedure

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Accelerated Possession Procedure

    Hello everyone.

    I have a tenant I would like to evict on the basis of the tenancy expiring. The Tenant first moved in 2012 and there has been a chain of tenancies since. For the life of me I cannot find the first tenancy. I have the current tenancy.

    can I still use the Accelerated Procedure if I cant find the first tenancy.

    Any assistance will be appreciated.

    Thank you.

    #2
    it seems to me that if you had them sign ASTs every time the fixed term expired, then your S21 would be based on the latest one. I might be wrong

    Try adding more details...

    https://forums.landlordzone.co.uk/fo...ll-new-posters

    Comment


      #3
      No, the form for the accelerated procedure requires the current and first tenancy agreement and the hearing will almost certainly fail if all of the required documentation isn't there.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        If the first tenancy was on the same terms as the subsequent tenancies and you can remember the commencement date, rent etc then you may get away with attaching a witness statement confirming all of that in lieu of the lost agreement. If the tenant doesn't defend the claim on that point I can't see any reason why a judge would have an issue.

        Comment


          #5
          Thank you everyone. My own research suggests that I need both the first and current tenancy. failure to submit both will give both the tenant and the judge a chance to throw it out. Will go down the possession route with a hearing. I believe I can make that application via the PCOL system online.

          Comment


            #6
            Originally posted by jpkeates View Post
            No, the form for the accelerated procedure requires the current and first tenancy agreement and the hearing will almost certainly fail if all of the required documentation isn't there.
            ah right... didn't know that and hopefully this knowledge will never be needed...

            Comment


              #7
              Hi Everyone.

              I have been told I cannot use the PCOL system as I don't have any arrears but just want the tenant out because the term has expired. Does anyone have experience of this. I believe I need to complete the N5 and form N119. At this stage do I need to send anything else like the tenancy agreement and copy section 21 notice or will that come later.

              Any assistance will be most appreciated.

              Thank you.

              Comment


                #8
                The fixed term AST may have expired, but the Tenancy. You need to follow correct Repro procedure.

                Comment


                  #9
                  If I wanted to seek possession based on expiry of tenancy only then can I use the form N5 and 119.

                  Comment

                  Latest Activity

                  Collapse

                  • Tennant refusing repair option to lights
                    nbhamilt
                    Just a question on repairs. The lighting in the lounge is broken, I want to get an electrician in to replace the two big light fittings with recessed LED lighting. The Tenant is refusing this repair work as they are concerned about the mess. they are not making an issue and have even offered to replace...
                    18-01-2018, 17:03 PM
                  • Reply to Tennant refusing repair option to lights
                    AndrewDod
                    Is this a safety issue?

                    If it is, and if they are refusing I would carefully document it and then evict them as soon as possible (after making sure that they are really sure they want to resist).

                    If it is not a safety issue - then why bother. Just let them live with broken...
                    18-01-2018, 19:11 PM
                  • Reply to Tennant refusing repair option to lights
                    nbhamilt
                    But if he's refusing the repair being offered out of fear of mess because its not a like for like replacement but technically an improvement, can i insist on that? Not that i'm going to cause an issue as they have been a good tenant for 5 years. What i'm getting at is if they do the repair themselves...
                    18-01-2018, 18:48 PM
                  • N5B Form Queries
                    cavavin
                    Evening to you all,

                    My estate agent served section 21 notice correctly including EPC, How to Rent and etc Unfortunately the tenant is not vacating the flat hence I am applying for the possession of a property by filling N5B form. The property is located in England. https://formfinder.h...
                    16-01-2018, 21:28 PM
                  • Reply to N5B Form Queries
                    sunnyp
                    I would be inclined to say the date of the end of the first fixed term.

                    I am confused by question 10c

                    (c) if there is no relevant gas appliance in any room occupied by the tenant has the landlord displayed in a prominent position in the premises a copy of the gas safety record...
                    18-01-2018, 17:22 PM
                  • Reply to Tennant refusing repair option to lights
                    theartfullodger
                    Simply put in email/writing (keep copy) that you have made the offer to repair, at your expense, point to the clause that says they can't make such repairs and gently remind them not to, asking them to contact you when it would be suitable for your electrician to call, or offer to supervise him &...
                    18-01-2018, 17:19 PM
                  • Tenant has disappeared and left all belongings
                    Ekoor
                    Hello all, I am new to the forum and looking for some advice or help if anyone has been in a similar situation.

                    My tenants paid 1/2 of November's rent and told us they were going away for Christmas. They didn't pay December's rent nor January so are two months in arrears. We have tried...
                    17-01-2018, 11:06 AM
                  • Reply to Tenant has disappeared and left all belongings
                    Ekoor
                    I was hoping for some advice and support as this is our first ever rental property and we are just so confused with what to do and panicking about how long it will all take. As we cannot get hold of the tenants also I have not read many case studies were the tenants have disappeared with all of their...
                    18-01-2018, 15:16 PM
                  • Is the gov.uk Form 6A still valid?
                    mariner
                    My MA contacted me today worried that the Form 6A, downloaded from Gov website late Oct17, may be invalid as he did not provide LL name andwas about to apply for a Possession Order.
                    He was worried as he heard some Judges had rejected the Form 6A for lack of LLs name.
                    Right or wrong?
                    17-01-2018, 22:44 PM
                  • Reply to Is the gov.uk Form 6A still valid?
                    KTC
                    The issue with the form is well know since it came out, and yet MHCLG has never amended it so it must be their view that the issue isn't fetal.

                    Nowhere in HA1988 s21 does it state that a notice must include the landlord's address, and the lack of one don't seem to have ever been an issue...
                    18-01-2018, 14:28 PM
                  Working...
                  X