Question

Applying to Court for Possession — Accelerated Procedure (England) | Landlord Wants Tenant to Leave (England)

Can I use the Accelerated Court Proceedings without a Written Tenancy Agreement?

3 Nov 2017 | 1 comment

I was at a hearing where I had requested a possession order through the normal method because I had no tenancy agreement. At the Hearing the Judge asked why I had not used the accelerated method. I explained that I did not have a written tenancy agreement so did not consider it appropriate.

The Judge said that I should have used the accelerated method as I hearing was only for S.8 Claims and to hear defences.

Can I use the accelerated route without a written agreement? If so, what do I do where it asks me to enclose the Written Tenancy Agreement?

Thank you in advance

Answer

1 Comment

  1. guildy
    guildy on 03/11/2017 at 3:31 pm

    The judge was totally wrong!

    The conditions of ONLY when accelerated can be used are found in Civil Procedure Rule 55.12 and includes:

    (e) the tenancy –

    (i) was the subject of a written agreement;

    (ii) arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or

    (iii) relates to the same or substantially the same property let to the same tenant and on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement;

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