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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How do reverse possession papers?

Customer Question

How do reverse possession papers?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
I have been served possession papers by my Lettings agent for not allowing access to inspect the property because they only gave me a days notice and I didn't have enough time to rearrange my self employed work to give them access to the property
Expert:  Ash replied 2 years ago.
Ok - is it a breach of your tenancy?
Customer: replied 2 years ago.
I believe so
Expert:  Ash replied 2 years ago.
Did they write and ask for entry? Did they warn you of court proceedings?
Customer: replied 2 years ago.
They asked me for entry to inspect the property.
I could not contact them as insufficient notice was given repeatedly
Expert:  Ash replied 2 years ago.
Ok. Did they ever say they would go to court?
Customer: replied 2 years ago.
Not initially."advising the landlord" was the communication
Expert:  Ash replied 2 years ago.
Ok. You need to allow them access before the court hearing, then they will have no breach. Otherwise you can go to court and ask the court to adjourn proceedings to allow inspection,
In reality a judge won't allow possession for based on lack of inspection, you will be given an opportunity to do so. I don't know what the current arrangements are for inspection but you should write and say you are willing to allow inspection but with notice and set out how much you need.
Can I clarify anything did you about this today please?
Alex
Customer: replied 2 years ago.
Today's hearing was concerning the section 21 clause.
Does that make a difference ?
Expert:  Ash replied 2 years ago.
If you are at the end of the fixed period then the landlord can give 2 months notice. If you are at the end of that fixed period then sadly the court has no choice but to give possession. If you are not within a fixed tenancy the landlord is entitled to possession.
Does that clarify?
Alex
Customer: replied 2 years ago.
The paperwork is titled - assured short hold tenancy agreement.
What does that mean ?
Expert:  Ash replied 2 years ago.
That means you have a six month lease minimum. But that's it after six months the landlord is entitled to ask you to leave.
I am sorry. Alex.
Customer: replied 2 years ago.
Do I have any grounds/procedure to ask him to reconsider his decision ?
Expert:  Ash replied 2 years ago.
Sadly not. The law says you are entitled to 6 months only. But ask if you allow entry can you stay - they may well say yes.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.

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