Accelerated possession and small claims

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    Accelerated possession and small claims

    Q1 – Where is the rented property located - England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? AST, single tenant

    Q4 – How long was initial fixed term (6/12/24 months / other)? 6

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? pcm

    Q8 – Does the landlord live in the same property as the tenant? no


    Hi,

    I have a tenant refusing to leave the property. The initial period of the AST passed and he stayed on after that on a rolling basis. He stopped paying rent and a section 21 was issued which was ignored. leaving no option but to seek a possession order. I believe the best thing is to have him out asap rather than fret over the (now) few months rent but would like to claim it all the same if possible.

    Can you use the accelerated possession route and issue small claims proceedings at the same time? One to remove him, one to claim the rent. I think this would be the quickest method to remove him and get the cash back but I'd like to check with those more experienced please.

    #2
    Yes.

    And serve s8 . G10 can be served if only 1p us underpaid. Might make him think & start paying.

    S21 does not end tenancy nor require tenant to leave, albeit rent still due.

    Typical timescales if heels dug in 40+ weeks to evict
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Great, thanks for the reply. Is it worth getting a solicitor to complete the process or is it simple enough to use the government gateway?

      Also I have no idea what a S8 or G10 is!?

      Comment


        #4
        Ah... It's section 8 ground 10
        https://www.landlordzone.co.uk/infor...for-possession

        (No offence, I was massively ignorant when i started & I made many daft expensive painful mistakes but..) have you done any training in landlord/tenant matters?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Absolutely none. I've used the small claims gateway before and it was simple enough, but not the one for evictions (PCOL). Before I get started I wanted a recommendation if anyone has perhaps used both approaches and could say if the gateway was simple to use or if a solicitor is the recommended method.

          Thank for the link, if I serve the G10 will I have to wait another 2 weeks before any legal proceedings are initiated? I also noted that G8 looks like an option for mandatory possession; the tenant is already 3 months overdue and should pay monthly

          Comment


            #6
            In that case you may serve s8g8, 10, 11 but suggestion hereabouts is evict using s21 if possible: (rent arrears easily challenged, case chucked out/delayed)
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              I checked with the letting agent and in the tenancy agreement which allows me to inspect the house, as landlord, after giving minimum 24 hours notice. I've just come back, the tenant wasn't in, and the place is a bit of a tip. No damage but a tip nonetheless; no dramas, a deep clean and decorate will sort it. I filmed the whole thing just in case this comes up in future for whatever reason but the odd thing was that although all his possessions appear to be there, there were the two sets of keys to the property on the side in the kitchen making me wonder if he's simply cut and run?
              I'm guessing until I get a definitive answer from the tenant (I've asked for contact number from agent) I'll still have to go down the route to get a possession order

              Comment


                #8
                Don't start the money claim until you have the property back, as, until then, you won't know how much is owed.
                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


                  #9
                  Originally posted by jpkeates View Post
                  Don't start the money claim until you have the property back, as, until then, you won't know how much is owed.
                  A good point but it could also be argued putting a claim in before helps put the pressure on the tenant to leave.
                  You can always put another claim in for the final amount.

                  Comment


                    #10
                    Send the letter before action now (referencing the current and any future arrears).

                    Multiple claims seem to be poorly received by judges (based on conversations with people who've done it - no personal experience).
                    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


                      #11
                      OK, small updates on this...

                      So far I've taken no action at all as a few family things got in the way. Anyway, as more time has passed I have decided that the standard route with claiming for back rent is my preferred option. The section 21 is well expired and having been past the house yesterday I can see the tenant is still there. I also checked with the managing agent who have been spectacularly useless and they didn't bother ever issuing a section 8 (I didn't think they had but wanted to check first).

                      I'm going to use the PCOL route as it looks simple enough and looking through the GOV.UK website it seems that you can issue the section 21 and then use PCOL to get the possession order. Hopefully someone can confirm or deny this!?

                      I had planned on stating under reason for possession of unpaid rent plus break of tenancy but the website states you can't use the PCOL for 'breach of lease' although I'm not certain if the term tenancy/lease are interchangeable in this instance. I'll amend the claim to remove the breach part.

                      Is there anything I should be sure of doing before sending off the PCOL?

                      Comment


                        #12
                        Section 21 rigmarole requires you to complete a paper form and post it. You can complete the form here: https://www.gov.uk/evicting-tenants/...session-orders

                        Print out four copies and send off three to your local court with a cheque for £355.

                        (You will need to supply various other items and proof you served them depending on date of first tenancy.)

                        Comment


                          #13
                          I have a 'bundle' being sent through to me from the managing agent including all the energy certs, AST agreement etc. The PCOL system lets you, as far as I can see, complete the questions and print at the end. I believe this is the form that you mention but completed in a different manner. I'll have a look at your link and confirm though, thank you.

                          Comment


                            #14
                            PCOL submitted... The bundle came through and included quite a lot, copies of - the tenancy agreement, deposit scheme cert and 'prescribed info', notice and cert of service and the rent statement. I've also got copies of emails confirming one thing or another from the managing agent to add in. No dates set yet.

                            Comment


                              #15
                              Small update - I had the hearing today and had an amenable judge thankfully as a section 8 had not been served (recommendation from LA) and I was seeking rent arrears. He has given the possession order and money order for the rent

                              I've lined up new agents too as the ones we were using were not that good when we needed them to be. A steep learning curve and my thanks to all advice given on this forum.

                              14 days and then we'll see if I have to get the bailiffs in (probably).

                              Comment

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