Accelerated Claim possession - Tenant agreed to vacate

johnrrr

Hi All,

I issued a Section 21 notice a couple of months ago, which has since expired. As the tenant did not vacate the property by the deadline, I proceeded to file an Accelerated Possession Claim. The 14-day period for the tenant to submit a defence is now nearing its end.

I recently met with the tenant, and during our conversation, they verbally confirmed their intention to vacate the property shortly. Given that this was not documented, I’m considering sending an email to confirm the discussion in writing.

In the email, I plan to:

• Confirm the agreed date by which the tenant will vacate the property.

• Note that the keys will be handed over on that date.

• Clarify that the tenancy deposit will be returned, subject to any deductions for fair wear and tear.

• Mention that I’m considering claiming back the court costs, although I haven’t made a final decision on that yet.

• State that if the tenant fails to vacate and return the keys by the agreed date, I will proceed with applying for a possession order the following day.

Regards,

swingaloo

Hopefully that is a typing error? You are aware that you cannot make any deductions for fair wear and tear?

johnrrr

You are right. What I meant was anything other than fair wear and tear. I hope I have captured relevant point above and not missed anything 

artyboy

Frankly if they will go without further fuss, I'd be making it clear that I would not pursue them
for the court costs, as a little sweetener for it to all go smoothly. What you are proposing to write is the sort of thing that could make some tenants dig their heels in...

theartfullodger

Both sign copies each of tenancy surrender.  Return any unused rent.

johnrrr

artyboy said:

Frankly if they will go without further fuss, I'd be making it clear that I would not pursue them
for the court costs, as a little sweetener for it to all go smoothly. What you are proposing to write is the sort of thing that could make some tenants dig their heels in...

Why do you think they will dig in their heels?

johnrrr

theartfullodger said:

Both sign copies each of tenancy surrender.  Return any unused rent.

Thanks will definitely do that

johnrrr

Hi all,

I have now received the keys to the property along with the signed surrender agreement. I have also came to the knowledge that that the tenants were operating a takeaway business from the premises.

Putting that aside, I contacted the court to check if any further action is required from me regarding the possession claim I had filed. They advised that I should complete and submit an N279 form.

Could anyone please confirm if this is the correct step to take?

lincroft1710

johnrrr said:

Hi all,

I have now received the keys to the property along with the signed surrender agreement. I have also came to the knowledge that that the tenants were operating a takeaway business from the premises.

Putting that aside, I contacted the court to check if any further action is required from me regarding the possession claim I had filed. They advised that I should complete and submit an N279 form.

Could anyone please confirm if this is the correct step to take?

It is what the GOV.UK site says should be completed to tell the court you want to discontinue all or part of a claim