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Landlord Discussion

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Re: Repossession

From: Sue in Gravesend
Date: 28 Nov 2002
Time: 15:12:37
Remote Name: 217.43.42.1

Comments

You must issue a formal notice to quit which states Housing Act 1988, Section 21, full details of the property, landlord, etc, so your original letter is unlikely to cover you legally.

This NTQ has to give at least 2 months' notice and you cannot apply for possession proceedings at the County Court until the notice has lapsed.

You can go for the 'accelerated postal' service which should (if lucky) all be complete in about 7 weeks but you don't have the right to claim any rent arrears. Or you can apply for a court hearing (approx 6 weeks) when the Judge will then serve the possession order of probably 28 days. With this you can apply for rent arrears. Either way, you must NOT accept rent payments from the tenant after the NTQ has elapsed. The court will award a daily rate through to the end of the possession order. I hear it's unlikely that you will get the money!!

Do check with the housing department in your area if they re-house on the possession order or if they force you to wait for that to elapse and then have to instruct court bailiffs!

Our tenant is a single-mum with 3 (or 4??) kids.

Good luck. Sue


Last changed: February 28, 2003

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