Court Proceedings Prior to the end of a fixed term

whatajoke2016

I have been trying to assertain the answer to this question onlnie with little success even using the Housing Act itself...

1. Can Court Action for possession of a property be commenced prior to the end of a fixed term in an assured shorthold tenancy?

E.g. If a Section 21 notice is served in March ... which a 2 month MINIMUM = MAY, but the FIXED term comes to an end in JUNE.... Is this too premature? By logic, one would think that as a Section 21 states 2 months OR the end of the fixed term,

commencing proceedings for an accelerated possession has not given the tenants an opportunity to vacate the property and are almost having a landlords court costs of £400 forced upon them? If tenants had planned to move out on a date prior or on the fixed term, this seems to abide by the law it would seem or am I incorrect?

thesaint

I don't think the legislation prevents it, but I certainly know judges don't allow it.
I would need to read it(housing act)again...but it's Friday...and it's sunny.

whatajoke2016

theartfullodger wrote: »

Yeah s8 can be used from day 1 of the tenancy, as long as tenancy agreement permits. e.g. can issue an s8 if only 1p is underpaid for only 1 day, then proceed to court action after 14 days.

s21 only usable for eviction from end fixed term.

Hello Artfuldodger.

the question related not to the issuing of a notice but the COMMENCEMENT of proceedings in the county court for a possession claim PRIOR to the end of the fixed term on a 21.

whatajoke2016

thesaint wrote: »

I don't think the legislation prevents it, but I certainly know judges don't allow it.
I would need to read it(housing act)again...but it's Friday...and it's sunny.

I have seen judges throw out many cases for technicalities but I am unsure if anyone has been siilly enough to disregard English and simply do as they please and march straight off a cliff unknowingly when it comes to this.

the wording also in the notice is "two months notice OR the end of the fixed term".... This is one of the key factors here.

G_M

whatajoke2016 wrote: »

I have been trying to assertain the answer to this question onlnie with little success even using the Housing Act itself...
have you also referred to the various aendments?

1. Can Court Action for possession of a property be commenced prior to the end of a fixed term in an assured shorthold tenancy?
1) yes, following a valid S8 Notice
2) yes, if a Break Clause has been prperly implemented, then a S21 can be served and acted on

E.g. If a Section 21 notice is served in March ... which a 2 month MINIMUM = MAY, but the FIXED term comes to an end in JUNE.... Is this too premature? By logic, one would think that as a Section 21 states 2 months OR the end of the fixed term,
* is this a tenancy that started post 1/10/15? If so the Deregulation Act prohibits serving a S21 in the 1st 4 months
* if tenancy started pre 1/10/15, the S21 can be served at any time but cannot expire before the fixed term ends (though see BC above) and must provide 2 months

commencing proceedings for an accelerated possession has not given the tenants an opportunity to vacate the property and are almost having a landlords court costs of £400 forced upon them?
I don't understand the question.

If tenants had planned to move out on a date prior or on the fixed term, this seems to abide by the law it would seem or am I incorrect?

Tenants can move out on expiry of FT (whether notice has been served by either side or not). They can move out prior to end of FT but the tenancy continues and rent is still due.

If you provide fuller details of the scenario you'll get more relevant /detailed reply.

thesaint

The OP wants to know whether proceedings can be started (submit N5b)before the end of the fixed term.

I have seen this question before, and if I remember correctly, I don't see why not(forget about costs). Judges don't allow it though.

G_M

Sun's too hot - my mistake.

Agree with you saint - the leglislation says nothing about date of submission of court papers, only about date on which the judge rules. I've not come across the issue so can't answer how judges have responded, but my guess is they'd dis-allow.

[Deleted User]

Only slightly relevant but my LL was evicting me, was granted a possession order and then tried to get bailiffs round before the date on the possession order. Bailiffs just sent the paperwork back to them, completely refused to act until the possession order date was reached and then gave another two weeks as notice of the bailiff's visit. I assume it would be the same in court if a possession order under S21 was asked for before the end of the fixed term so one way to waste £280. If someone likes throwing that money away.., they can always try. But the tenant won't be asked to pay that £280, will be the LL's responsibility.., only becomes the tenants responsibility if possession order is granted.

It is normal for the possession order to order the tenant to repay the LL the court costs within 28 days. I paid these out of my deposit. £280 for accelerated possession order, £110 for bailiffs. I could have argued penury but with everything going on I didn't.

whatajoke2016

Have now finished building my defence. It's very strong. The hearing is on Tuesday.

I shall report back post hearing to let you know the judges ruling.

thesaint

Why is there a hearing?

theartfullodger

whatajoke2016 wrote: »

Hello Artfuldodger.

the question related not to the issuing of a notice but the COMMENCEMENT of proceedings in the county court for a possession claim PRIOR to the end of the fixed term on a 21.

Lodger not dodger: I don;t dodge!

(Attention to detail matters as regards lettings & court cases...: Hope your paperwork is perfect....)