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Question

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

Document bundle for Court Hearing after Accelerated Possession Application

15 Dec 2021 | 5 comments

What does the ‘document bundle’ requested by the court prior to a Possession Hearing need to contain?

Answer

5 Comments

  1. guildy

    Please follow our court forms guidance and after answering the small number of questions to get to the right page, if you scroll down, you’ll see “documents to send”. Also, make sure you’ve done the “coronavirus notice” (also shown on same page).

  2. dill

    The guidance relates mainly to situations where the landlord is claiming rent arrears. Although the tenant is in arrears, we are not claiming rent, merely possession so that the property can be sold.
    Is there anything, other than a simple statement of payments received, that should be included?

  3. guildy

    Just noticed it says accelerated in the question.

    The wizard linked above covers all the main forms and includes accelerated with no arrears. This is the direct link to the accelerated page after following the wizard through.

    It’s unusual that you would need a bundle because accelerated attempts to deal with the claim without a hearing. As such, all the documents you intend to rely on (the bundle) should have been sent with the form (coronavirus notice, tenancy agreement, s.21 notice, proof of service, EPC, gas safety, how to rent etc.)

    There shouldn’t be any need for a rent statement because, like you say, arrears is not relevant.

    Perhaps there’s been some defence which has triggered a hearing? In which case you should have been sent a copy of the defence and may need to add documents in response.

    If there’s no defence, in order to comply with the request (which we suspect is just a standard letter sent for all hearings), perhaps call the court and ask if you should just send everything again that you’ve already sent.

    Please check what you sent includes the coronavirus notice. It’s very important and we are seeing lots of calls from people (who weren’t subscribers and so didn’t use our guidance when completing the form) loosing at hearings due to a failure to include the coronavirus notice.

  4. dill

    Thank you for your detailed response. I did miss the Coronavirus notice and have now completed and sent it to the court. I have also agreed to all the defendants requests, maximum time and waive the fees. Someone from the court rang me and advised that I needed to submit a ‘bundle’ containing such information as a spreadsheet for the rents etc. He advised me to take further advice from Citizens advice or the Landlords Guild and said the case would simply be thrown out if the bundle was incomplete. The tenant is in arrears. Do I simply include details of payments received and rent owed since the arrears began and hope for the best?

  5. guildy

    It all seems highly unusual for an accelerated claim.

    We guess there can be no harm in sending in a rent schedule, even though not needed and totally irrelevant. That being said, we’ve never seen a case lost due to too much information being provided!

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