Can I start repossession now & acquire order for unpaid utilities & rent?

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  • Can I start repossession now & acquire order for unpaid utilities & rent?

    I correctly served s.21 to my T 05/02/10, it expires 23/04/10.

    T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now? It maybe that other money for rent and utilities will not be paid before T leaves.
    What is the earliest I can start a repossession order and could I include in this an order for costs including any outstanding rent and utilities.

    Thanks in advance for any words of wisdom.
    Stephen

  • #2
    You can start s.21 proceedings but will not obtain a Possession Order operative earlier than 23 April.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Originally posted by stephenenglish View Post
      T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now?
      No. Wait until T vacates, then contact utility companies (they may need a copy of the AST) to find total amount owed during the tenancy (assuming AST makes T liable for utility bill payments).

      Originally posted by stephenenglish View Post
      What is the earliest I can start a repossession order...
      Assuming a valid s.21 has been served for an AST in England or Wales, then you can apply for a court order after s.21 notice expiry; this order can only be enforced after the first six months of the tenancy.

      Originally posted by stephenenglish View Post
      ...could I include in this an order for costs including any outstanding rent and utilities.
      Assuming the amount owed is less than £5k, you will need to make a separate claim for unpaid rent via the small claims track.
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      • #4
        It is not your responsibility to collect monies due to utility companies from the tenant. Concentrate on what is due to you and the eviction.

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        • #5
          Originally posted by Poppy View Post
          It is not your responsibility to collect monies due to utility companies from the tenant.
          Agreed, providing unless the accounts are in the landlord's name for some reason - which was my take oin the situation...

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          • #6
            I correctly served s.21 to my T 05/02/10, it expires 23/04/10.
            Hope you are right: You won't find out if it is "correctly served" until & unless the tenant challenges it in court/the judge at the possession hearing decides you drafted it incorrectly...

            If tenant leaves without getting to court you'll never know ....

            Cheers!

            Lodger
            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...

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