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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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My tenant was served with a section 21 on 25/01/12 and has

Customer Question

My tenant was served with a section 21 on 25/01/12 and has not left the property and is in arrears by 2 months. He was sent to prison 2weeks ago. Is the section 21 still valid, so I can apply for a possession order. Or do I have to serve him with a section 8.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

how do you know he's been sent to prison?

Do you know for how long?
Customer: replied 3 years ago.
My management company told me and I also saw a newspaper report on it. 16 months
Expert:  Remus2004 replied 3 years ago.
When should the AST end normally?
Customer: replied 3 years ago.


26/01/12

Expert:  Remus2004 replied 3 years ago.
You can seek accelerated possession at court.

Alternatively you can seek to gain entry using the doctrine of implied surrender. If the tenant is not there and will not be there for 16 months then that is not consistent with an intention to continue the tenancy agreement.

Given that accelerated possession is quite easy to obtain though it is certainly a viable option for you.
Customer: replied 3 years ago.
Thank you. The doctrine of implied surrender sounds interesting. Is this still viable if his possession are at my property? Do what can I legally do with his possessions.
Expert:  Remus2004 replied 3 years ago.

You could argue implied surrender since his actions are not consistent with an intention to continue the tenancy but personally I would go for accelerated possession if his possessions are there. Its a debatable point either way but that is what I would do as it protects you from allegations.

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