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requirements to qaulify for accelerated possesion order

Started by soulboyfive, June 14, 2014, 09:49:32 AM

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soulboyfive

Hi all,

My tenants are due to move out tomorrow but i've been advised by the council that they are withdrawing their notice (it was a very flimsy worded email) and will wait to be evicted in order to qualify for council accommodation.

I'm looking to issue a Section 21 (4)(a) but have recently discovered that as I didn't serve the prescribed information when I secured the deposit with the DPS, any Section 21 will be invalid unless I return the deposit in full prior to issue.  Is this correct?

After the expiry of the Section 21 i'd like to proceed with an accelerated possesion (N5b) and have been advised that I can state that the deposit has been returned in full in the box that asks for details about the deposit.  Is this correct?

Also, I do not have a signed copy of the Tenancy Agreement, unfortunately the Tenants have the only signed copy which i'm not even sure they have kept and i'd be reluctant to ask for a copy even if they have.  I do have an unsigned copy would this be sufficient to accompany an N5b?

If i don't meet the necessary requirements for an accelerated possession can i issue a standard claim for possession after issuing a S21 and do I need to issue a S8 if I wanted to claim for rent arrears?  (i'd be willing to accept forgoing of rent arrears if i can issue an accelerated possesion or even with a standard claim if it speeds things up)

Thanks for any advice anyone is able to offer.