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Rent Arrears Recovery

How do I start court proceedings


How do I start court proceedings

The Housing Act 1988 as amended by the Housing Act 1996 lays down certain grounds under which a landlord may apply to court for possession of a residential property. These grounds for possession apply to most tenancies entered into after 15 January 1989.

If your tenant is on an assured shorthold tenancy of six months, it may well be possible, depending on how long the tenant has been in residence, to wait until the mandatory Section 21 possession notice can be served.

The so-called Accelerated Possession Procedure cannot be used in rent arrears cases and therefore if you are not able to use the mandatory shorthold Section 21 possession procedure you will have to fall back on the various grounds for possession mid-tenancy

A Section 8 Notice, also referred to as a Section 8 Notice to Quit or Section 8 Possession Notice, is used to terminate an assured shorthold tenancy before the fixed term has ended using the mandatory Ground 8. This grants possession where the arrears exceed eight weeks if the rent is paid weekly or fortnightly, two months if paid monthly, one full quarter if paid quarterly or three months if paid yearly.

There are other non-mandatory grounds, known as discretionary grounds, which can also be invoked, but with less certainty of outcome. The rules relating to service of notices and the completion of the notice are extremely complicated. Access Legal can complete and serve the notice for you at a fixed fee.

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