Accelerated possession order

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    Accelerated possession order

    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 made by the managing agent.

    1) the deposit was not placed in a deposit protection scheme within 30 days. (It looks like managing agent realised their mistake when I requested the document as the certificate is dated within 2 days of them sending me the document)

    2) A valid gas safety certificate does not appear to have been completed when the tenant moved in. I have one for 2019 which expired before the tenant would have moved in. One was subsequently completed in 2021.

    Whilst all documents are valid as at now, they weren't valid throughout the tenancy. Wondered if anyone has come across a similar issue?

    #2
    Ok so it looks like the section 21 notice is invalid as a result of this error. The deposit scheme was not in place at the time of the notice.

    Apparently the deposit has to be returned in full.

    Comment


      #3
      Thatcher's 1988 housing act makes it clear tenant does not have to leave at end of fixed term

      Why help tenant take a council property from a more deserving case? I'd decline to serve s21. S8 if possible... (was she ever late with rent?)
      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


        #4
        Unless the tenant has dependent children, some, or all with a disability, and some other form of vulnerability for her/him self..... they will be in a crummy emergency accommodation flea pit or a dumpy flat in a place resembling the film set of '' Escape from New York ''. They are deluded.

        Comment


          #5
          If there was no valid GSC in place when the tenancy began, it will not ever be possible to evict the tenant using section 21.
          The deposit issue could be overcome, but it wouldn't affect the GSC issue - which cannot, as far as I know, be overcome.

          Your tenant doesn't have to leave the property at the "end" of their tenancy, and can continue living there and pay rent.

          The idea that if you evict them they'll get a council house is, in most areas of the UK, wrong, unless they have children or are, themselves, vulnerable.
          If they'd been entitled to a council property and it was possible to get on before now, they'd have been daft to rent privately.
          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


            #6
            theartfullodger,

            They have refused to leave and have not taken good care of property. We want them out hence the s21.

            Comment


              #7
              jpkeates,

              My understanding is that given the tenancy has finished I can issue a section 8 notice instead and will have to wait 2 months to progress an eviction.

              Comment


                #8
                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.

                Comment


                  #9
                  Originally posted by L4NDLORD View Post
                  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.
                  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.

                  Comment


                    #10
                    certainly there will be no evictions at christmas time

                    Comment

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