possession via accelerated route
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Thanks for reply. S21 is all done and dusted, there is no problem there. It was the bit about the guarantor that was causing the problem. It all makes sense now that somebody else has said it, so thanks again.
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It ain't that accelerated! What you are talking about is the section 21 proceedure which you have to start by serving the correctly worded section 21 notice giving your tenant a minimum of two months notice. Only then can you apply to the court for a possession order requiring said tenant to leave. There are differences in the wording of the section 21 notice depending on whether it is served during the fixed term of the original AST or or when the tenancy has become a statutory periodic one after the fixed term has expired. There is tons about this on other posts on this board. The issue with your guarantor is IMHO a separate issue which needs to be dealt with in the small claims court. Initially a letter to this person advising them of the arrears might be a good idea and reminding them that you WILL be taking action to recover your losses. Only the tenant should be named on the court paperwork or section 21 notice as your issue with the guarantor is an entirely separate action.
P.P.
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possession via accelerated route
I have a tenant whose fixed 6 month AST has come to an end and has decided she is not going to leave, nor pay rent. I have decided to make a claim for possession in the court using the accelerated procedure. I know I will not get any money for rent via this route but would prefer to get her out earlier rather than later. The forms do allow for costs to be requested however and I will certainly be asking for them ie court fee. The tenancy agreement has a guarantor on it, (her step dad).
My question is thus. Does anybody know what the position is, in naming the step dad on the application? The application form does not have a section to name anybody other than the tenant as a defendant. The guarantor agreement allows for me to recover costs of this nature from the step dad and so would naturally wish to do so. The normal court chestnut is “We can’t give legal advice” and so I’m left wondering whether I should put his name on this application and risk a judge chucking it back and probably wasting another week, or wait until she is out and then start a separate action against him. Papers going to court tomorrow and so any advice given now would be gratefully received.Tags: None
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by jpkeatesHow "sitting" is the tenant?
Are they a rent act tenant or simply someone who was on an AST when you purchased the property?-
Channel: Residential Letting Questions
18-08-2022, 17:32 PM -
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by LadymuckyI bought a property with a sitting tenant, within the first week they have a list of complaints about the house which needs sorting as the previous landlord didn’t want to know (great). We have had a look at the property and I’m willing to sort most of them.
However, they are demanding...-
Channel: Residential Letting Questions
18-08-2022, 08:35 AM -
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by jpkeatesHow much tenancy law do you expect the tenant to know?
You can only end the tenancy with the support of a court.
The tenant can only end the tenancy by giving valid notice or by surrendering the tenancy.
It wouldn't invalidate the notice, but it seems a little fantastical....-
Channel: Residential Letting Questions
18-08-2022, 17:30 PM -
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by freddycd15Hello all,
The tenant is on a Statutory Periodic Tenancy. If a valid Section 21 notice has been served and the date to leave expires but the tenant is still in the flat (given no court order or bailiffs are present):
1) Does the Statutory Periodic Tenancy still stand?
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Channel: Residential Letting Questions
18-08-2022, 17:02 PM -
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Reply to My Depositsby jpkeatesLots of people seem to think this.
They can invest the money while it's in their possession and generate income that way, but they can't convert it to their own ownership.
It's possible that there's some process that uses the limitations act, so that there's no possibility of anyone...-
Channel: Residential Letting Questions
18-08-2022, 17:24 PM -
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by VictoriaHIs My Deposits the cheapest way to protect a deposit?...
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Channel: Residential Letting Questions
18-08-2022, 10:33 AM -
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Reply to My Depositsby DPT57Not much in recent years. A little more now.
The Insured scheme is not advisable for anyone other than a "professional landlord" imo as the deposit becomes unprotected if you forget to renew the insurance and the penalties of this are out of all proportion to any disbenefits of...-
Channel: Residential Letting Questions
18-08-2022, 17:20 PM -
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Reply to Action after Section 21by jpkeatesThe choice is really between the accelerated and the non-accelerated procedure.
There's not so much time difference now, but there is a possibility that there won't even be a hearing with the accelerated procedure, which would be less stressful.-
Channel: Residential Letting Questions
18-08-2022, 17:19 PM -
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by blueashI use an agent and they in turn have passed my issue over to a firm of solicitors (I pay for an enhanced management).
Following on from the Section 21 and the people not moving out on the date mentioned I have been given a choice as to whether I want possession only or possession and arrears...-
Channel: Residential Letting Questions
18-08-2022, 17:04 PM -
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by freddycd15Thanks for the replies.
If the notice expires and the T is still in the flat, I would like the T to leave but not without some sort of notice (perhaps a week like I've mentioned).
I understand I may not get a nice convenient notice period, I would just like to know the rights...-
Channel: Residential Letting Questions
18-08-2022, 17:17 PM -
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