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Question

Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

accelerated possession no fault possession no rent arrears

20 Feb 2022 | 10 comments

hi, i am going to the court for accelerated possession my questions are:

  1. i didn’t give epc, gas safety certificate and how to rent guide before the tenants occupied the house, but i gave them all three documents before serving section 21. will the court reject it or its acceptable?
  2. As i am claiming the court cost £355 from the defendant, do i still need to submit a cheque of £355 to court with the file?
  3. do i need to serve PD55C notice on tenants 14 days before submitting the case to the court?   thanks

Answer

10 Comments

  1. Aneesbro123

    For the 1st question: I Forgot to mention that written tenancy started in March, 2019 without gas safety cert. I gave them first gas safety cert issued in September, 2021 just before serving section 21.

  2. Aneesbro123

    I didn’t give the tenant gas safety certificate before occupation and no further gas cert either, only current gas certificate I gave them just before serving section 21. Is my section 21 valid and I can use accelerated possession on that section 21?

  3. guildy

    We think the notice might fail.

    The gas safety part has two elements:

    (a) active gas safety before occupation, and
    (b) current active gas safety at the time of serving section 21 (if different).

    Both above need to have been given before section 21 can be served even if they are given late (i.e. just before serving the notice).

    Are you sure the tenant hasn’t received the latest current one? In our experience, the engineer doing the test always leaves a copy at the property and that is sufficient.

  4. Aneesbro123

    I’m sure that the tenant have the current copy of the cert before serving the section 21, but there is no gas cert issued before they occupied the house. My concern is only about the before starting the tenancy I didn’t have any gas safety cert?

  5. guildy

    Ah yes, I see, I had missed that.

    What you’re saying is they moved in in 2019 but the first gas was 2021.

    Unfortunately, it’s impossible for us to know. The closest case we have is this one but that doesn’t answer where there has been no gas safety at all before occupation.

    If there are rent arrears, a section 8 notice would be better and less risky. Otherwise, if you proceed with accelerated, it will be a gamble. If it’s not disputed, it might go through though.

  6. Aneesbro123

    My tenant might not go deep down and might miss this issue. If suppose tenant does not submit any defence form, do you think a judge can still refuse my case on his own behalf that there is no cert before occupation?

  7. guildy

    The judge certainly could, and as you will have seen from the accelerated form, it expressly requests that all gas safety records throughout the tenancy are provided in the form. It is precisely for this reason why they are requested.

    But, it depends on how knowledgeable the judge is.

  8. Aneesbro123

    Thanks for your answers.
    I have decided not to apply as there is uncertainty in this case. I need possession as soon as possible, can you please tell whether I can give them a 4 months ast tenancy and after 4 months I start the process? Or there is minimum of 6 months I have to give

  9. guildy

    A new tenancy isn’t going to help in any way.

    The first gas safety record is before occupation not before tenancy.

    We don’t see you have any choice but to try. It may be wise to employ the services of a local solicitor, which may give the claim more credence and less likely to be scrutinised (that is, perhaps being hopeful but can’t do any harm).

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