Standard Possession Procedure (Section 21)   
There may be times when you cannot use the Accelerated Possession Procedure.  These reasons can consist of, but not limited to:
 
 
  • There has never been a written tenancy agreement
  • You have lost the original tenancy agreement
  • The agent has the agreement and they closed down and you never got a copy
 
 
You can still use Section 21 of the Housing Act 1988 to evict the tenant, however, a Court hearing will automatically be listed with this process. The claim is very similar to the Section 8 rent arrears process. You can either attend the hearing yourself or you can instruct a legal advocate to attend for or with you at an additional cost.
 
In the absence of a written agreement the terms of the tenancy need to be established before a notice can be served. Getting the documents right in the first place is the most important part of the process. If you send the wrong notice, have incorrect dates or the content is incorrect you will not be granted a possession order by the court.   
 
£549
 
  

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