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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7625
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have a private rental property. As the tenant had been in

Resolved Question:

I have a private rental property. As the tenant had been in arrears for months I served a Section 21 notice to quit. The tenant was due to vacate on 14 February 2014 but refuses to move out.

What can I do to obtain my property back...?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

What fixed term was the tenancy originally granted for please?

How many months is the tenant in arrears?

Have they paid their rent late persistently?

Kind regards,

Tom
Customer: replied 3 years ago.

Hi


 


The tenancy was originally for 6 months.


 


The tenant has no current arrears but has consistently paid late each and every month with a variaety of excuses. The most recent month's rent was paid by the guarantor.


 


The tenant should have vacated last week and we had identified a new tenant due to be moving in this Thursday 20th so this has implications for other people too.


 


Kind Regards


Teri

Expert:  Thomas replied 3 years ago.
Hi Teri,

When did the 6 month term expire please?

Kind regards,

Tom
Customer: replied 3 years ago.

Hi Tom


 


The term expired 14 Feb. we issued S21 to co-oincide with this as given the tenant's late payment record we had no intention of extending his tenancy.


 


Thanks


Teri

Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you have served a valid s21 notice to expire at the end of the original tenancy agreement term and the tenant is not leaving then you must apply to court for an order for possession. If you did not and attempting to evict them then the eviction would be illegal and – as silly as it sounds – the tenant would be able to sue you.

Applying for a possession order from court is not as daunting as it sounds.

You can apply using the government’s online site, here:-
https://www.possessionclaim.gov.uk/pcol/

If you just want them out as soon as possible then you can apply using the accelerated possession procedure. This is where there is no court hearing and the order is simply made on the basis of the s21 notice that you have served. It’s much quicker than normal but the downside is that you are not able to get a money judgement against them if for any rent owed.

The alternative is to use the normal (non-accelerated procedure). There will be a court hearing in this procedure but the advantage is that you can also apply for a money judgement (ie. a CCJ) against them if there are considerable amounts of rent owed.

The court will make the order for possession and probably give them 21 days to vacate from the date of the order.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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