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May, 2017

Monday

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  1. #1

    Default Questions relation to applying to court for Accelerated Possession Order

    Questions relation to applying to court for Accelerated Possession Order

    Basic Background:

    Standard AST - Started 15.12.14 . Finishing 14.6.17
    I have served a section 21 (1) b notice on the tenant ( correct notice for tenancy start date and served at correct time etc ), to vacate at the end of the tenancy and it is very clear that they will not be vacating at the end of the tenancy. I believe they are intentionally being awkward and probably need more time at the flat. They cut off all communication back in December when I requested a gas safety check and maintenance with NO Replies. I’m happy that I have followed the correct procedure regarding this - Two email requests , two written requests and final Notice to attend , attended with gas man and not allowed in, follow up letter sent .
    The agent ( a reputable one ) signed the Tenancy on my behalf and arranged for the TDS for me. I am happy that these were provided to the Tenant and I had copies of the documents sent to me on 19.12.14.
    After the last day of the tenancy I will be applying to the court for an accelerated possession order .
    The Tenant has deduced 260.00 from the last months rent but I just want her out ASAP. I believe using the accelerated order does not allow me to claim arrears but if it speeds things up then possibly it’s better to do this . I think this deduction is possibly for a gas safety inspection she has now done herself . She cannot do this under the terms of the Tenancy!
    I understand that the following documents need to be provided with the application : Signed Tenancy agreement, TDS certificate, Explanatory leaflet, gas certificate (EPC not needed as commencement date 15.12.14 )

    My Questions are regarding the application for the Accelerated Possession Order:

    Proof of service of the Documents needs to be provided. I have asked the agent if they can provide this .They have said :
    “*We send a copy of the signed tenancy agreement, the TDS certificate, the TDS booklet, the gas safety certificate (if applicable), EPC, How To Rent Booklet (also sent at the start) along with a letter containing all the landlords details.* We send this out on the commencement date in the post, however as Cameron has advised this would have gone out a couple of days later due to annual leave, it may of also taken a little longer to reach the tenant as royal mail post around that time of year can be a little delayed,”
    This is encouraging but however not “ proof of delivery” . I am concerned that the judge could throw this out if I cannot prove service of the documents. I will check if the agent also emailed these to the tenant as a copy of this would be proof?? They were emailed to me.
    2. As the agent signed the Tenancy on my behalf does anything else have to be provided to the court.

    Any other guidance would be greatly appreciated.

  2. #2
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,334

    Default

    If the tenancy began in 2014, the only relevant issues are the deposit (and prescribed information) and the content of the notice itself.
    It's hard to prove service of documents, but the agent should be able to provide some evidence of posting, and if they can't their statement should be enough.

    I'd check that they're sure that the sent the How to Rent booklet, as, while it existed and was available, it wasn't mandatory at the time (and most people hadn't heard of it).

    The agent signing the agreement doesn't change anything - when you complete the court forms, you'll be asked to include the original and latest tenancy agreements.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  3. #3

    Default

    Thanks for the advice. So I need to get the original copy of the Tenancy from the agent and if nothing else a letter from the them confirming that the documents were indeed sent out to the Tenant.

  4. #4
    Join Date
    Mar 2009
    Posts
    16,475

    Default

    Nothing to stop you starting MCoL small claims for the £260 - or indeed also serving s8g10 for underpaid rent.

    You have the absolute legal right to serve s21 & evict thereby (huge swing in favour of landlord's power in 1988 housing act)

    Tenant has the absolute legal right to remain until after court consideration, after expiry of possession order, waiting for bailiffs. Can be 40+ weeks - see
    http://www.landlordzone.co.uk/forums...ess-statistics
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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