Obtaining possession order without signed Agreement?

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  • Obtaining possession order without signed Agreement?

    Tenants have been in for approx 18 months. Was sure I had a signed agreement but seems I haven't.

    Served s21 in Jan, expired 13th March. Tenant is unlikely to defend as they want to move (they requested s21 so lha will rehouse them) so how should I proceed?

    Any advice appreciated.

  • #2
    Well, you can't use the accelerated proceedure and thus a court hearing will be required. I think you need to apply on form N5.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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    • #3
      Thanks, will download that form now. I have written to the tenant requesting they sign a copy of the original document but they have yet to reply.
      It's in their interest to sign it as they want to move and the lha have said they won't rehouse them without a possesion order from the court.

      Out of interest what happens if it goes to court and the tenant fails to turn up?

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      • #4
        The difficulty is that T will not (or should not) 'agree' to a possession order, they can not oppose the application but any more than that and they risk being found intentionally homeless.

        You will have to have a hearing.

        If T does not attend then a possession order should be made in their absence, however, some judges may adjourn the hearing if it is not crystal clear that T knew of hearing.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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