Accelerated Possession Procedure

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  • 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

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    • #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).

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      • #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.

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        • #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.

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          • #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...

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            • #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.

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

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

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