accelerated possession procedure

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    accelerated possession procedure

    need some advice pls.

    my tenants reached their fixed term tenancy agreement. (assured shorthold)
    i have served a 2months section 21 notice, which expired today.
    tenants still haven't left and do not plan to.

    what basis of a legal challenge exist from a tenant's point of view?

    - they received notice by hand, and i have a receipt signature on both mine and their copy
    - i served full 2 months
    - fixed term tenancy has expired

    #2
    Provided that the s21 notice expired on a rent day, or was served during the fixed period of the AST and gave the tenants two or more months notice, you now have to apply to the courts with a N5b form to obtain a possession order. Once this is issued, and the tenants still do not leave within the period stated by the order, then you can apply to the court bailiffs to get them evicted.

    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.

    Comment


      #3
      thanks.

      i understand the tenants will get a 'reply form'. the person who's name the agreement is under is 85year old and i want to know what basis of a legal challenge exist from his point of view?

      Comment


        #4
        From your original post; would I be correct in saying that you served the S21 notice after the fixed term of the tenancy had finished?

        As P. Pilcher says, if this is the case, you must make sure that your notice expires after the last day of a period, with a minimum of 2 months notice. If it doesn't, then the notice is invalid and could be thrown out by the court. Just giving 2 months notice is not enough. Also, you need to allow for at least one extra day for correct service, maybe more according to your method. EG if you do it by hand, the notice is not deemed served until the next day.

        There is much posted about this issue on the forums.

        The only likely legal challenge would be that you got the notice wrong somehow, or served it incorrectly. I think all tenants on the agreement need to be served (eg .one notice per tenant), but must check that one out myself.
        All posts in good faith, but do not rely on them

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          #5
          It depends on what sort of tenant(s) they are; if they are awkward and look for advice, they will probably be advised to say that they are old and ill and are finding it difficult to find suitable alternative accommodation; however they are trying hard and WILL move as soon as possible. Meantime they apologise to everyone concerned for the trouble they are causing.
          Its not exactly a legal challenge, but it may well gain them a few more weeks if the case is heard by a lenient Judge. They can use the same line at appeals against the possession order and later against eviction.

          Comment


            #6
            would I be correct in saying that you served the S21 notice after the fixed term of the tenancy had finished?

            yes.

            As P. Pilcher says, if this is the case, you must make sure that your notice expires after the last day of a period, with a minimum of 2 months notice.

            so if the last day of a period is 19th, then the notice has to expire on the 20th? that, with a minimum of 2 months notice?

            If it doesn't, then the notice is invalid and could be thrown out by the court.

            yeh i've just been reading about this.

            something else that has come to light. they've just told me they want to forward the notice to the council to obtain a council house. as far as i know, the only way they will temporarily re-house his family is when the bailifs have kicked them out and made them homeless. so really he shouldn't file a defence to my claim, as that would benefit him in the long run. i.e "helping me to help himself" - helping me getting my house back in order to be in a position where he's rehoused by the council.

            but on the other hand, if he does "help me" by not filing a defence, wouldn't he be liable for court charges once they issue the possession order ?

            Comment


              #7
              if they are awkward and look for advice, they will probably be advised to say that they are old and ill and are finding it difficult to find suitable alternative accommodation;

              what today's news, he's looking to get booted so he can get rehoused by the council. im starting to think he wont file a defence.

              Comment


                #8
                If the last day of a period is the 19th (i.e. the tenancy started on the 20th of a month) then the S21 notice must expire AFTER the 19th.

                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.

                Comment


                  #9
                  Originally posted by Bel View Post
                  <snip> I think all tenants on the agreement need to be served (eg .one notice per tenant), but must check that one out myself.
                  If a joint tenancy is involved the names of the joint tenants must appear on the notice.

                  In addition to serving the notice addressed to the tenants jointly a copy of the notice could be delivered addressed to individual tenants
                  Vic - wicked landlord
                  Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                  Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                  Comment


                    #10
                    Originally posted by langdon View Post
                    would I be correct in saying that you served the S21 notice after the fixed term of the tenancy had finished?

                    yes.

                    As P. Pilcher says, if this is the case, you must make sure that your notice expires after the last day of a period, with a minimum of 2 months notice.

                    so if the last day of a period is 19th, then the notice has to expire on the 20th? that, with a minimum of 2 months notice?

                    If it doesn't, then the notice is invalid and could be thrown out by the court.

                    yeh i've just been reading about this.

                    something else that has come to light. they've just told me they want to forward the notice to the council to obtain a council house. as far as i know, the only way they will temporarily re-house his family is when the bailifs have kicked them out and made them homeless. so really he shouldn't file a defence to my claim, as that would benefit him in the long run. i.e "helping me to help himself" - helping me getting my house back in order to be in a position where he's rehoused by the council.

                    but on the other hand, if he does "help me" by not filing a defence, wouldn't he be liable for court charges once they issue the possession order ?
                    There is not much room to make a defence to counter a section 21 notice, except for legal technicalities; because you do not need a reason to serve section 21 notice. Because 'you want possession' is enough. The judge must give it to you, but he may allow them a little more time for them to make alternative arrangements. As you suggest, your tenant is unlikely to submit a defence anyway. It may be worth contacting the council to ask them at what stage they are likely to rehouse your tenants...you may find it could be sooner than the bailifs stage
                    All posts in good faith, but do not rely on them

                    * * * * * ** * * * * * * * * * * * *

                    You can search the forums here:

                    Comment


                      #11
                      In view of the tenants age, I would strongly suggest that you recommend to your tenant that he speaks with Shelter. It may well be there are grounds for considering him as in priority need NOW, which may speed up the rehousing process.
                      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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