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Assured shorthold – accelerated possession |
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The accelerated possession procedure applies to an assured shorthold
tenancy granted after 15 January 1989 (which did not follow on from a
previous assured tenancy). The only purpose of the claim can be to
recover possession of the property (ie no other claim – such as recovery
of rent – is allowed).
If T is in arrears with rent, this may be worth
mentioning in Para 8 of Form N5B, since the court may take it into
account when deciding whether to allow T longer than 14 days to give up
possession, but you cannot seek possession on the ground of rent
arrears or seek judgment for rent arrears using the accelerated
procedure.
It is important to bear in mind which part of s21 applies:
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fixed-term tenancy which has not come to an end: s21(1) applies. You
simply give T ‘not less than two months’ notice in writing’ stating that
possession is required. No particular form of notice is required, and
indeed it can be given immediately after the tenancy agreement is
signed (but do not give it before signature);
- periodic tenancy: s21(4) applies. That requires L to give T notice in
writing stating that ‘after a date specified in the notice, being the last
day of a period of the tenancy not earlier than two months after the
date the notice was given’. This is of course a horrendously complex
statement and many lawyers have fallen foul of it. The answer, of
course, is to simply say that ‘this notice will expire at the end of the
period of your tenancy that will end after the expiry of two months
from the service of this notice upon you.’
Finally, do give care to how the notice is served on T. You cannot simply
put it through the letterbox of the property (unless there is a clause
permitting that in a written agreement with T). The same applies to
service by post. If there is any doubt, L should opt for personal service.
See note in [2007] LSG 18 January 31.
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March 2007 |
