Seeking accelerated possession- tenants in arrears

[xmonday]

My tenants have not paid the rent for 2 months so I prefer to get them out asap rather than seek rents.

Can I file for possession of property using the accelerated procedure using section 21 notice or do I have to use the section 8 notice with rent arrears?

I prefer to get them out rather than pursue rents and have them there for longer time.

They have signed a section 21 notice provided from my agents when they first signed their tenancy 2 years ago.

Original AST was for 12 months which was provided by a managing agent. They signed a 6-month AST which has finished and they have signed another 6-month AST with 2 months left to go with me. They also signed a section 21 notice originally from my agents which did not have an expiry date.

They have also signed other section 21 notices subsequently with their 6 month AST which have dates when their AST begin so they have expired. Their current AST expires in two months.

Can I use these notices to proceed with claiming possession, or are they not valid until the tenancy agreement comes to an end?

Also what are the court fees in relation to filing such a claim?

Thanks to all who can help.

[P.Pilcher]

Provided it is worded correctly, the section 21 notice that your tenants signed when they signed their current AST can be used to evict them, however, court procedings cannot be commenced until the AST has come to an end. The procedure is quick and simple as, unless the tenants defend the action, no hearing is necessary and your possession order should become effective a month or so after the end of the AST. If you want quicker action than this (and who doesn't) you will have to use a section 8 procedure once your tenants are more than two months in arrears with their rent. Possession is mandatory if the tenants remain two months in arrears at the time of the court hearing, and you can commence court procedings two weeks after the correctly worded notice is served on your tenants. There is tons and tons of other information about this in the archives, please use the search facility.

The court fee for either action is £130

P.P.

[Nora Kay]

P.Pilcher
It has often been mentioned here that a tenant has "signed a S21 notice". As all the S21 notices I have seen only require a signature of the landlord, why does the tenant sign it, especially as it is not really in his own interest to do so?

[P.Pilcher]

Nora - although it is dangerous to assume, I am assuming that this agent is following the practice, adopted by some, that an S.21 is supplied with each renewed AST, and the tenant "signing it" merely refers to the fact that he has signed to acknowledge receipt. As you know, in the S21 procedure proof of service of the S21 notice has to be provided. Furthermore, the issue of a new AST invalidates any S21 notices that have previously been served.

P.P.

[xmonday]

PP Thanks for the reply.

I have had some developments in that one of the tenants has notified me that she wants to leave the property. She says that the other tenant, her partner, has left and that he will not be coming back.

She says they have both left the flat as they cannot afford the rent and she wants to meet at the flat and give me the keys and hand it back to me. (This does not mean that I have to release her from the AST if she hands the keys back to me or does it?)

Unfortunately the other tenant (her partner) is not responding to any of the letters I have sent him and is also not answering or returning any of the messages I have left on his voicemail.

I have asked that she writes to me informing me of the circumstances and I will meet her and she can hand over the flat, I have also asked that she gets her partner to sign the letter but I am not sure if she can reach him.

My question is what can I do about this other tenant? Since the rent is in arrears can I assume he has left or do I have to proceed down the route of obtaining a possession order to evict him? The problem is that she tells me he has left the flat and she has got no forwarding address and I am not sure she will be giving me a forwarding address either.

Thanks

[P.Pilcher]

In law, a possession order has to be obtained uness you have written evidence that your tenants have terminated their AST and they have vacated the property. Under the circumstances you state there is a slight risk that the other tenant may return and demand access, but from what you say, this appears unlikely. Get everything your remaining tenant has told you in writing and repossess the property when invited to do so by her. I would probably do so under these circumstances. There are more knowledgable people than me contributing to this board, so check back and see of something more authoritative has been posted about this one.

P.P.