john.p.clegg Posted September 21, 2014 Report Share Posted September 21, 2014 The Section 21 notice has been served and the end of Tenancy date is 4 November,the T is waiting a court notice to present to the council for re-housing... Q1 Can I start the Accelerated possession procedure before 4 Nov ? (hoping to jump any court backlog), Q2 Living 200 mls from the property which court should I use,near me or near the property? Q2b Would the above influence the use of bailiffs? Q3 T's possessions left in the property,can I use a storage container (skip) outside the property and give them full access? Many Thanks John Link to comment Share on other sites More sharing options...
Grampa Posted September 21, 2014 Report Share Posted September 21, 2014 Q1. If the tenancy ends 4 nov 2014 a s21((1) would be used with the notice date 4th Nov as long as least 2 months notice given, the notice served correctly, and any deposit taken was protected correctly and the Prescribed info also given to the tenant. Q2 You use the court closest to the rented property. Q3 A bailiff isn't used until you have a possession order from the court and only if the tenant doesn't move out on the date of the possession order. Q4 Certain laws apply with possessions left by tenants and most tenancy agreement will have details. Ask the question again when you get possession. Link to comment Share on other sites More sharing options...
john.p.clegg Posted September 21, 2014 Author Report Share Posted September 21, 2014 Thanks Grampa,so Q2 and 2a is O.K.(local courts/local bailiffs) but Q1....can I start the paperwork before 4 Nov?....there could be weeks/months of backlog of cases waiting? John Link to comment Share on other sites More sharing options...
Mortitia Posted September 22, 2014 Report Share Posted September 22, 2014 No you cannot start the paperwork before the notice period is up. With the paperwork you have to pay a non-refundable £280 so you may be lucky and tenant vacate before the need to pay. Link to comment Share on other sites More sharing options...
john.p.clegg Posted September 23, 2014 Author Report Share Posted September 23, 2014 No chance,the council will not act till they have court papers... John Link to comment Share on other sites More sharing options...
Grampa Posted September 23, 2014 Report Share Posted September 23, 2014 Yes the council do normally take that stance but it is worth reading Section 175 Housing Act 1996 which defines homelessness and threatened with homelessnesshttp://www.legislation.gov.uk/ukpga/1996/52/part/VIIWhere a council refuses to class a tenant as homeless untill a court order has been obtained you could point them in the direction of the new section 195A which totally changes this principle if the tenants have been served a section 21.Also homelessness changes in the Localism Act 2011: supplementary guidance makes revelant interesting reading in paragraphs 38 &39: 38.Section 195(4) provides that, for the purpose of section 195A(3), where an applicant has been given a notice under section 21 of the Housing Act 1988, the applicant must be treated as threatened with homelessness from the date the notice is issued. This means that the authority must take reasonable steps to secure that accommodation does not cease to be available for their occupancy. 39.Section 195A(2) provides that, for the purpose of section 195A(1), where an applicant has been given a notice under section 21 of the Housing Act 1988, the applicant must be treated as homeless from the date the notice expires. It is not necessary for a possession order to have been sought by the landlord for the applicant to be considered homeless. www.gov.uk/government/publications/homelessness-changes-in-the-localism-act-2011-supplementary-guidance I havent had the chance to try and force the issue using the above with my council because they try to work with me as I use them a lot. Link to comment Share on other sites More sharing options...
john.p.clegg Posted September 24, 2014 Author Report Share Posted September 24, 2014 Thanks Grampa I'll pass this on to T... John Link to comment Share on other sites More sharing options...
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