Accelerated Possession Procedure

  • 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.

    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...


      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).


        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.


          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.


            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...


              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.


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


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


                  Latest Activity


                  • S21 rent arrears
                    I issued my tenant with a section 21 notice which finishes on 23rd November 2018 - this was issued due to rent arrears.

                    I received a text yesterday from my tenant to say he has received keys for another property and would have moved all of his belongings out on Thursday...
                    23-10-2018, 10:08 AM
                  • Reply to S21 rent arrears
                    Unless and until the High Court+ hear a case on this, one can only speculate on the court's interpretation.

                    Purely for argument's sake though, leaving aside actual technical legal arguments, if the tenant is leaving because you served them a section 21, how does that not fall squarely within...
                    23-10-2018, 23:28 PM
                  • Deposit protection - Personal properties and limited company property

                    So I have 4 properties in my own name and have recently setup a company and bought a company through the limited company.

                    I have an account with the DPS for my 4 personal properties, my question is can I just protect the deposit from the tenant in this account or does...
                    23-10-2018, 22:47 PM
                  • AST and periodic tenancy
                    Hi all,

                    This is my first post and my first BTL experience.

                    I bought a new built flat from a developer in England last year. The Lease Agreement stipulated that I need the freeholder’s consent to let it. The request was granted without any mention of extra fees. I found a...
                    22-10-2018, 21:51 PM
                  • Reply to AST and periodic tenancy
                    They might, but in the case of council tax liability I believe it has been determined that it is the length contracted not the length that ultimately occurs that is relevant, so the same could be argued here....
                    23-10-2018, 22:39 PM
                  • Reply to S21 rent arrears
                    S21C would not appear to apply here as the tenancy was not brought to an end as a result of a S21 notice, as the proposed end date is before the expiry of the S21 notice.
                    23-10-2018, 22:22 PM
                  • Tenancy start date different from the one in contract.
                    Hi everyone,
                    I need some advice with the following issue.

                    I have signed the tenancy contract on the 13th of this month, so in theory the contract is legally binding from the 13th. For personal reasons I have not sent the deposit on that day but 2 days later(15th). I got my keys and...
                    23-10-2018, 11:52 AM
                  • Reply to Tenancy start date different from the one in contract.
                    That you chose to use a slow transfer mechanism is your decision, your problem.

                    There are so many fast transfer ways now, most of my payments go in/out within an hour or so.

                    Next time, use a quicker transfer.
                    23-10-2018, 16:26 PM
                  • Break clause issuing Section 8
                    I have a break clause in a tenancy, that after 1 year, either party can activate a 3 month get out. so if tenant wants out after a year he can give notice and leave in 3 months or likewise me ask him to leave in 3 months. NOw I fear that this clown I have will try and stay longer and will do anything...
                    23-10-2018, 15:20 PM
                  • Reply to Break clause issuing Section 8
                    TL;DR: You need to serve a break notice to terminate the fixed term early, as well as a valid section 8 or section 21 notice expirying on or after the expiry of the break notice which you can then rely on to apply for possession at the court if necessary.


                    Break notice:...
                    23-10-2018, 16:07 PM