View Full Version : Accelerated Possession - under 6 months?
27-03-2006, 15:26 PM
I got a HB tenant through an agent and she was supplimenting her HB to cover the monthly rent. A shorthold agreement was drawn up etc for a 12 month contract.
2 months into her contract, she told the agent she can not longer keep up the rental payments and the agent wrote to her confirming she must vacate in 2 months and settle any arrears.
Over 2 months on and a hugh arrears bill the tenant is still in the house and is not leaving. She has been at the house a total of 4 months. The agent says we can serve an accelerated possession until 6 months pass because anything under 6 the courts wont consider. Is this true?
What is the best course of action to take to get her out asap and recover arrears? I spoke to the HB dept and they dont really give a toss other than saying there are 70 families in the HB waiting list for houses and I can expect to wait some time before they find another place for her...
27-03-2006, 16:06 PM
A landlord cannot normally ask a tenant to leave early during the fixed-term. However, there are circumstances in which you may regain possession.
Grounds for Possession (http://www.landlordzone.co.uk/grounds_for_possession.htm)
27-03-2006, 16:45 PM
I believe the fact that she hasn't paid full rent for over 2 months gives me a Ground 8 to serve accelerated possession. But can I serve this when she has been there less than 6 months?
27-03-2006, 16:53 PM
yes, over 2 months overdue you can serve a section 8 - we did. You have to wait 14 days then put papers into court. Then wait around 6 weeks for a hearing. Hopefully you get possession (in 14 days perhaps?). If they dont go, back to court 14 days later - then a baliff etc etc. Lots of info on section 8s here! Will take at least 3 months to get tenant out.
27-03-2006, 16:55 PM
You can serve a section 8 notice, grounds 8,10 and 11 but she must be two months in arrears for you to do this. The two months includes HB payments, not just her top up. A section 21 notice cannot be served in the fixed term.
27-03-2006, 18:50 PM
Presumably you are still getting the HB share of the rent paid direct to you, unless her HB has been stopped. If not ,you should be able to request that it be paid to you if she is in arrears.Has she said why she can't afford the top-up?
BTW, HB dept have nothing to do with finding her a house, are you sure you spoke to the right people?
27-03-2006, 19:04 PM
What is the best course of action to take to get her out asap and recover arrears? I spoke to the HB dept and they dont really give a toss other than saying there are 70 families in the HB waiting list for houses and I can expect to wait some time before they find another place for her...To get her out, section 8 if you can, see my earlier post, otherwise you will have to wait until the fixed term is over, you can serve a section 21 now but you can't demand repossession before the end of the initial period, this won't affect a subsequent S8. If she is receiving HB and is more than two months in arrears, you can ask for it to be paid directly to you (you can also serve a section 8 notice).The local authority's problems with rehousing are not yours, they won't affect a judgement. If she has been receiving HB and not paying it over, she will be classed as intentionally homeless and probably not rehoused but just failing to pay a top up does not count and the LA will be obliged to rehouse her.
27-03-2006, 19:59 PM
Just to clear this up, I am already getting her HB paid directly to me because of the arrears. However, she lost a job that she relied on to suppliment the HB to cover the rent. So I am about 25% short each month including a month of complete nnon payment means I am constantly at least 2 months behind in rent.
So if I am getting her HB, can I not serve a Section 8?
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