Accelerated Possession Order

  • Filter
  • Time
  • Show
Clear All
new posts

    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


    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

    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.


      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.


        Check you've complied with everything here:


        Latest Activity


        • Reply to Are they my lodgers or tenants?
          by theartfullodger
          Tenants. Moving back in won't change that.

          How many occupants do you have please?
          06-12-2021, 22:53 PM
        • Are they my lodgers or tenants?
          by Livingonaprayer
          Hi all.
          I bought a house, lived in it for a few months, then had friends ask me if they could move in as had to leave their property and were struggling to find somewhere with their dog. I agreed and drew up lodging agreement and they moved in.
          Unfortunately our dogs did not get on, and...
          06-12-2021, 20:46 PM
        • Reply to Am I a lodger or a tenant?
          by AndrewDod
          If that were so straightforwardly the case then I would easily be able to a secure a tenancy for my friend's daughter (D) who has zero credit rating, and zero ability to pay rent.

          I would take a 6M tenancy myself, immediately grant a 4 year tenancy at quarter my original rent to D, let...
          06-12-2021, 21:53 PM
        • Am I a lodger or a tenant?
          by Bert1e
          Hello, I have a question about my legal status in private rented accommodation.

          I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
          28-11-2021, 12:13 PM
        • Reply to Tenancy issues - No Deposit Scheme, demanding deposit back
          by alice123
          I'm sorry you are in this situation , from what i have heard from someone these 'no win no fee' type of 'solicitors' take a massive chunk out of any claim for their own fees , which would leave your tenant with rather less money that he/she would have anticipated.

          One of the reasons why...
          06-12-2021, 21:13 PM
        • Tenancy issues - No Deposit Scheme, demanding deposit back
          by llplug
          I am a private landlord who has not put tenants deposit into Deposit scheme - I now understand the errors of my ways, put my hand up, my fault, been lax

          Tenant has had a number of minor issues (sink drainage, plug not working, bedroom light not working) which I have made an effort to rectify,...
          19-11-2021, 15:49 PM
        • Reply to Am I a lodger or a tenant?
          by KTC
          The term lawful here applies to private landlord. It's a term that does not just exist within the Housing Act 1988, but also Rent Act 1977, and probably other places. In this context, it basically means as the Shelter page summarised, did the mesne tenant have permission to sublet. That section of the...
          06-12-2021, 21:11 PM
        • Reply to Accelerated possession order
          by Hudson01
          This is a good point..... also, not wishing to tempt fate, but with the increase in Covid type restrictions is it beyond thinking that we may have another xmas ban on evictions ???? I do not believe it is needed but you know what the lefties are like....
          06-12-2021, 21:01 PM
        • Accelerated possession order
          by Pariah81
          A tenant has refused to leave the property at the end of her tenancy and has now asked to be evicted as in her words 'that will make her eligible for a council house'.

          I am sending an accelerated possession order through the courts but whilst completed the forms noticed two apparent errors...
          05-12-2021, 18:12 PM
        • Reply to Accelerated possession order
          by L4NDLORD
          this is not a great time to try to get possession, I would recommend that you tolerate them a bit longer. The Judge is not going to be sympathetic and besides these cases are going to take a long time to come to Court.
          06-12-2021, 20:55 PM