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Question

Applying to Court for Possession — Accelerated Procedure (England) | Applying to Court for Possession — Accelerated Procedure (Wales)

Extra evidence with S21 accelerated possession application?

15 Jan 2018 | 1 comment

Hi, Do you think it’s a good idea to include extra evidence with an accelerated possession application beyond what is required? I understand that I should include the most recent tenancy agreement, the section 21 notice and proof of service but is it a good idea to include other things or does that tend to confuse the court? . . . . I have evidence of the deposit being lodged with 30 days and emails from the estate agent saying they were given the prescribed information, an additional signed letter with a witness signing that the section 21 was personally served on time – also should I write an accompanying letter with the evidence saying that the tenant is also behind with arrears and that I need to move back into the property or would such a letter confuse the case? In other words – what extra evidence do you think would help and what extra evidence might confuse and possibly be detrimental to the application? Thanks

Answer

1 Comment

  1. guildy

    Our view is to simply follow the court form and nothing else.

    The problem with extra evidence is that you could end up creating more questions than what you think you’re answering. If the tenant wants to raise anything as a defence, they can do and it is at that point any appropriate extra evidence would be submitted.

    Rent arrears for example is irrelevant to the section 21 notice.

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