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can i start possesion proceedings early ?


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hi,

 

i have issued a notice to quit to my tenant .. there is no problem with her as such but she will need to apply for council housing and they have told her not to move until i have evicted her by way of possesion order ... warrant etc ....

 

she feels really bad because she doesnt want to cause me any problems but unless she does this the council wont re home her

 

i was wondering ... as she has already stated it is her intention not to comply with the section 21 notice is it possible to start proceedings before the quit date so that i can get possesion as soon as possible after this date ???

 

thanks for any help

 

lafey

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Unfortunately not, you are going to have to wait until the section 21 expires. As she might move out under this notice. Notwithstanding, that you already know her long term intentions. Once this expires a section 8 notice would need to be served. Indicating the grounds that possession is sought under.

 

Councils, postively encourage tenants not to move:mad:. As they would of advised your tenants, unless she has an eviction order, they are unable to rehouse her. Abeit, most tenants do not get a council house but are put into a temporary housing, whilst they wait for the council to provide housing. If all rental payments cease to you, it would be construed that your tenant has made herself intentially homeless. If that is the case, the council are under no obligation to rehouse her.

 

Regards

 

Pebble.

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thanks for the answer pebble .. i sort of guessed that would be the case .. semms silly .. she wants to move out .. i want her to move out ... but the council wont let her until i get eviction order ..... .. im sure it cant be right that they tell people to completely ignore a section 21 notice properly and legally served .. seem crazy doesnt it ???

 

thanks for you help

 

lafey

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This link may be of use to your tenant: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/94427-revised-homelessness-code-guidance.html#post869601

Of course there is no suggestion that you are getting nasty- it's just that it happens quite often.

Advice needs to be sought by your tenant with regards to non payment of rent and intentional homelessness, as this is not necessarily a case of direct correlation.

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