Gene Posted January 8, 2012 Report Share Posted January 8, 2012 The Section 21 I gave my tenant expired on the 5th of January, have to go thru the Accelerated Possession route now. Dilemma is that the start of the tenancy was a joint tenancy before the Tenancy Deposit Scheme was introduced. As such her own share of the deposit was half of the rent and when she took over the tenancy, did not ask her for the full amount. The Deposit( half the rent) was put in the scheme in Nov 2010. My question is,as I have to submit proof of the money being in the TDS, how do I make the Court understand this? Do I include a copy of the joint Tenancy Agreement that was jointly signed 7 yrs ago in the documents to be handed in in Court? We are in Court currently for 6months rent arrears. Thank you for your help! Link to comment Share on other sites More sharing options...
LLAW96 Posted January 9, 2012 Report Share Posted January 9, 2012 Have you ever issued a fresh AST to your tenant since they moved in if so when? Link to comment Share on other sites More sharing options...
Grampa Posted January 9, 2012 Report Share Posted January 9, 2012 You could forget the s21 and now serve a section 8 with grounds 8,10 & 11. You could then apply for a hearing 14 days later and get one about 4-6 weeks later. You would also get a county court judgement for the arrears as well as an a eviction order. Though there is a small posiblilty they could put a counter claim for not protecting the deposit, if not protected correctly. Link to comment Share on other sites More sharing options...
Mortitia Posted January 9, 2012 Report Share Posted January 9, 2012 I think I should remind readers that the downside of Section 8 is 'disrepair'. If the tenant can turn up at court citing disrepair of anything that should be covered in the tenancy then the judge can adjourn for reports - wasting more of the landlord's time. The most pathetic reason for not granting a S 8 I have come across personally is a blocked airbrick but it still delayed possession by 3 months. By all means go down this route but make sure your property is up to scratch. Mortitia Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 9, 2012 Report Share Posted January 9, 2012 I only have experience with the DPS but are there similarities in that prescribed information need be given to the T and a signature received ? If, like the DPS, you have the T's signature confirming agreement of the deposit amount you have your evidence. Link to comment Share on other sites More sharing options...
Gene Posted January 10, 2012 Author Report Share Posted January 10, 2012 Thanks everyone, a new Tenancy Agreement was signed by the Tenant in her sole name. Our next Court hearing is to do with the Section 8 I already served her. Next hearing is in March, in the meantime, she is not paying any rent. Link to comment Share on other sites More sharing options...
Gene Posted January 10, 2012 Author Report Share Posted January 10, 2012 Have you ever issued a fresh AST to your tenant since they moved in if so when? Thanks Law, Yes I have. A new Tenancy Agreement was signed by the Tenant in her sole name. Our next Court hearing is to do with the Section 8 I already served her. Next hearing is in March for this, in the meantime, she is not paying any rent. At the first hearing, the Judge advised the Section 21 route as the Tenancy had expired. I am just worried about what papers to submit to the Court with the Accelerated Possession Procedure, just want it to be granted first time without hassle. Can I put a note in explaining the half of the rent as the Deposit? Thanks Link to comment Share on other sites More sharing options...
Mortitia Posted January 11, 2012 Report Share Posted January 11, 2012 Hi Gene, With Section 8 hearing you will have to provide the tenancy agreement, a statement of debt (setting out payments that have been made and arrears to date with precise dates) and a general statement about what has occurred. Keep it factual, non emotional, short as possible and type it in at least size 16 font to make it easy to read. Judges tend to be old. My tip is to take a calendar with you as judges seem to flounder over dates and if speaking to the judge always start 'with respect Sir...' however alien that may be to you. Of course you have to attend the hearing. Good luck, Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted January 11, 2012 Report Share Posted January 11, 2012 Or Ma'am if the Judge is female they get a bit upset if you call them Sir. Link to comment Share on other sites More sharing options...
Gene Posted January 12, 2012 Author Report Share Posted January 12, 2012 Thanks Mortitia, but my question actually is to do with the Accelerated Possession Procedure? it ties in with my first and second post Please advise if you can. Link to comment Share on other sites More sharing options...
Gene Posted January 15, 2012 Author Report Share Posted January 15, 2012 Thanks Everybody, but my question actually is to do with the Accelerated Possession Procedure? it ties in with my first and second post Please advise if you can. Link to comment Share on other sites More sharing options...
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