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Question Title: Factors determining choices
| Question: 181 |
| What factors should I consider when deciding which procedure I should use in seeking possession of my property?
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| Answer: |
| The Accelerated Possession Procedure can only be used in certain circumstances. (see above and see notices) The choice of procedure will depend on several factors: · Whether the tenant has defaulted, or the fixed tenancy has expired. · Type of tenancy. APP may only be used for possession claims under an assured shorthold tenancy · Timing – whether the s21 statutory notices have already been served. · Whether the court is willing to allow an agent to present the case on the landlord’s behalf. Where a court does not allow an agent the right of audience, the APP may be the best alternative. Contact with the local county court is very important.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 2003 page15 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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