Accelerated possession and MCOL

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    Accelerated possession and MCOL

    Hi. I am in the process of reclaiming a property as the tenant has paid no rent since February. I am keen to get him out asap so believe that the accelerated route is best. However, I am led to believe that I cannot get an order for the unpaid rent if I go down this road. To do that, I would have to use the normal possession route which would take longer and I am hoping to do this as quickly as possible. My question is could i use the accelerated procedure to get possession and then make a separate claim for the lost rent using MCOL?
    Many thanks

    #2
    I would suggest that you talk to a specialist eviction company.
    The quickest route is likely to be a section 8 notice (which can be defended) because if a tenant offers a defence to your s21 notice, there will be a hearing anyway (which makes the accelerated procedure pretty much the same as the non-accelerated procedure).

    The main thing to do is to check that any notice is valid, which can be quite a task unless you're sure of what you're doing.
    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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      #3
      Landlord action helped me out. Very good

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        #4
        I am trying to avoid more expense by doing things myself. I realise this is risky but simply haven't got the money to employ one of these eviction firms as I am so much out of pocket already. I just want to know if MCOL is usable to reclaim rent arrears? Thanks

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          #5
          Originally posted by PDW1964 View Post
          I just want to know if MCOL is usable to reclaim rent arrears?
          Yes.

          MCOL will also mean the ccj is registered and forms part of the tenant's credit history, which a court order related to possession doesn't (automatically).
          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

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