Accelerated Possession Order

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    Accelerated Possession Order

    Hi there, I'm hoping this forum could help with a few things please.
    I'm a private landlord out of circumstance and have recently issued a Section 21 6a with 4 months notice as this was before 1st October.
    The tenant was issued the notice on 3rd July and they have been given until 5th November to leave. I plan to move back into the house myself.

    However, I don't believe they are going to find anywhere by that date and whilst I can empathise with their situation and current rental market, I need to put things in place potentially to help them too. They may get some help from the local authority with rehousing.

    So a bit of background, the tenant has mild learning difficulties and needs a support worker so have not dealt direct with the tenant during the tenancy.

    At the start of the tenancy in 2013, which was marketed via a letting agent, there was a current valid EPC, Electrical Safety Certificate and Gas Safety Certificate and I can evidence all of this.
    Once I had issued the S21 6a notice, I realised the EPC had expired by about 12 months so have since re-issued and it's up to date.

    I also moved the tenant deposit from one scheme which didn't seem legit to MyDeposits in the middle of the tenancy and I think this was during a time where I did a rental increase also the deposit scheme at the time wasn't one of the 3 recommended. I moved the deposit to a custodial protection scheme/MyDeposits in November 2016.

    I believe that after 5th November 2021, I will need to go down the accelerated possession order route but am also happy to extend the time they need to move.

    My questions, 1) will I encounter any difficulties with the court order if the EPC expired during the tenancy but was current at the time of letting.
    2) The deposit scheme certificate is showing a later date from the tenancy start date and I've looked for the previous deposit scheme used and can't find a login or anything to allow me to reset a password. Will I be penalised for this ?

    Many thanks

    Jim

    #2
    Deposits had to be lodged with one of the authorised schemes - so not sure how you ended up lodging the deposit in a dodgy one? There are only 3 schemes running https://www.gov.uk/tenancy-deposit-protection

    The tenant should have received a certifcate of deposit and the proscribed information within 30 days of the tenancy starting showing the deposit had been lodged with one of the authorised deposit schemes - If you have not done this then you will need to refund the deposit before starting the section 21 process

    On the EPC i believe you will be fine as it only needs to be supplied at the start of the tenancy.

    Comment


      #3
      Thanks for the reply. I seem to recall that the deposit scheme used was one the letting agent provided. I had to ask them to return the deposit to me. They are no longer trading after trying to contact them, probably no surprise there.
      So looks like my existing 6a notice is void. Do I need to let the tenant know this or can I just refund the deposit and re-issue a new S21 without any problem.

      Comment


        #4
        Check you've complied with everything here: https://nearlylegal.co.uk/section-21-flowchart/

        Comment

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