Accelerated Possesion Order - Change of Landlord?

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    Accelerated Possesion Order - Change of Landlord?

    Hi,

    I purchased a property with sitting tenets a few months ago at auction. The property needs some work to bring it up to standard and I 'm therefore seeking possesion. Shortly after completing the purchase I issued my tenant a section 47/48, I subsequently issued the correct s21 which has now expired and therefore need to proceed with the possession order. My question is do i simply complete the accelerated possesion order forms with a covering letter stating that I took over the property with a sitting tenant and include a copt of the s47/48 notice to cover off the fact the the AST shows a different landlord to me? Or is it the case that this would need a hearing?

    Thanks for any advice in advance

    #2
    Originally posted by mattlb View Post
    Or is it the case that this would need a hearing?
    There could be one if the sitting tenants stand up for their tenets.

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      #3
      How confident are you that the ASTs are valid and genuine? An AST doesn't become an AST by the words on the paper, it becomes one by the circumstances surrounding it's issue.

      When did this tenant first move into the property? If the tenants are genuine 'sitting tenants' - a specific legal definition - then a section 21 will be a waste of time and money because they won't be evictable by it, indeed it is highly likely that none of the 1988 Housing Act will apply.

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        #4
        Maybe my terminology is a bit off... sorry about that.. It's definately an AST, this was verified by my solicitor during the purchase and was taken out in September 2010 for 6 months and so is now periodic (terminology?).

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          #5
          Yes, but when did the tenant move in as an AST issued in 2010 is not an AST if the tenant was (for example) formerly an Assured tenant. A solicitor who specialises in property law may not be fully conversant with L&T law.

          If we assume it is an AST, what is the status of the tenants deposit?

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            #6
            Sorry, I missed the subtlety of your question, yes the tenant moved in on that date too. There was no cash deposit paid although there is a deposit guarantee, I hadn't seen this as an issue since I don't hold a deposit and would simply tick "no" in the appropriate box.

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