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accelerated possession procedure


shan

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Hi can anyone give me some advice, my tenant is on a periodic tenancy iv'e just given him 2 months notice to get out, if he fails to go after the 2 months can i go for an accelerated possession order, if so does anyone know how quick i can get him out.

shan

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Hi Shan,

There is no short cut to getting tenant out.

Issue a Section 8 and Section 21 NOW to be doubly sure but more importantly be sure to do the section 21 in the correct manner. You will still be waiting a minimum of 8 weeks.

Apparantly 80% of these fail because the details of date are incorrect. It may be worth getting a solicitor specialising in property re- posession to do this for you. Do not use a High St solicitor unless they say they SPECIALISE in this type of work. Look online or in Yellow Pages. You can usually get a fixed price for this type of work - or you can DIY but I think the solicitor will save you a lot of frustration and his/her fees will be tax deductable.

Mortitia

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Hi Shan,

There is no short cut to getting tenant out.

Issue a Section 8 and Section 21 NOW to be doubly sure but more importantly be sure to do the section 21 in the correct manner. You will still be waiting a minimum of 8 weeks.

Apparantly 80% of these fail because the details of date are incorrect. It may be worth getting a solicitor specialising in property re- posession to do this for you. Do not use a High St solicitor unless they say they SPECIALISE in this type of work. Look online or in Yellow Pages. You can usually get a fixed price for this type of work - or you can DIY but I think the solicitor will save you a lot of frustration and his/her fees will be tax deductable.

Mortitia

thank mortitia but assuming the section 21 4a is done properly what should i do if he is still there after the 8 weeks, i assume i have to go to court

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If you haven't issued the Section 21 and tenant is still there after your 8 weeks notice you will have to issue the section 21 and it is up to you wether you go to the court. If your tenant makes a reply to the section 21 (which he is entitled to do) then it might pay you to appear to put your case and answer any questions the judge may have.

That's why you should issue the section 21 now and not wait to see if he leaves voluntarily - call it insurance.

Once you have the judegment on the section 21 in your favour and tenant still won't leave you will have to call in the court bailliff who will expel him. You may have a wait a couple of weeks for this and it costs around £95.

Mortitia

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