Hi. Need advice on evicting a problem tenant please.
He was due to leave on May 7th having been served the correct Section 21 notice etc. He was current in his rent up to this date (albeit paid 30 days late) then said he was not leaving. Can I still use the accelerated process (which states that I’m not claiming arrears at the time of his end of tenancy date), even though by the time it gets to court (due to the current suspension) he will owe rent for the days he has remained there since, which he hasn’t paid?
Many thanks
Owen
Hi, My understanding is that you can’t use an accelerated order to pursue rent arrears, and that you have to apply to court for a separate money order.
The accelerated order is a tool to evict quickly when the tenancy is out of a fixed term, without the arrears coming into the case. So I would assume that yes, the build up of arrears won’t affect the possession order you are seeking, because, as a S21 eviction, it does not reply on arrears as a ground for possession.
Sam
Many thanks Sam, my thoughts were along similar lines so will proceed on this basis.