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stephenenglish
15-02-2010, 16:21 PM
I correctly served s.21 to my T 05/02/10, it expires 23/04/10.

T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now? It maybe that other money for rent and utilities will not be paid before T leaves.
What is the earliest I can start a repossession order and could I include in this an order for costs including any outstanding rent and utilities.

Thanks in advance for any words of wisdom.
Stephen

jeffrey
15-02-2010, 16:47 PM
You can start s.21 proceedings but will not obtain a Possession Order operative earlier than 23 April.

tom999
15-02-2010, 16:51 PM
T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now?No. Wait until T vacates, then contact utility companies (they may need a copy of the AST) to find total amount owed during the tenancy (assuming AST makes T liable for utility bill payments).


What is the earliest I can start a repossession order...Assuming a valid s.21 has been served for an AST in England or Wales, then you can apply for a court order after s.21 notice expiry; this order can only be enforced after the first six months of the tenancy.


...could I include in this an order for costs including any outstanding rent and utilities.Assuming the amount owed is less than £5k, you will need to make a separate claim for unpaid rent via the small claims track (https://www.moneyclaim.gov.uk/csmco2/index.jsp).

Poppy
15-02-2010, 16:57 PM
It is not your responsibility to collect monies due to utility companies from the tenant. Concentrate on what is due to you and the eviction.

Ericthelobster
15-02-2010, 17:57 PM
It is not your responsibility to collect monies due to utility companies from the tenant.Agreed, providing unless the accounts are in the landlord's name for some reason - which was my take oin the situation...

theartfullodger
15-02-2010, 20:01 PM
I correctly served s.21 to my T 05/02/10, it expires 23/04/10.

Hope you are right: You won't find out if it is "correctly served" until & unless the tenant challenges it in court/the judge at the possession hearing decides you drafted it incorrectly...

If tenant leaves without getting to court you'll never know ....

Cheers!

Lodger