Accelerated Possession and property repairs

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From reading around the subject I understand that if there are oustanding property repairs that even though all the other paperwork is correct this may lead to a problem using the 'Accelerated Possession' process.

To give some background in my case:
1) We had a problem where the bath leaked and a 2m x 1.5m section of the the ceiling below had to be removed. I then repaired the source of the problem;
2) In agreement with the tenant we left it for a couple of weeks to ensure that the seal had indeed fixed the problem;
3) However the tenant then stopped paying the rent due to problems with her ex-spouse accessing the property and as such her housing benefit being stopped;
4) I arrange for a builder/decorator to arrange with the tenant for an estimation for the repair of the ceiling, ostensibly with agreement with the tenant;
5) However after two physical visits and several phone calls the builder informed me that the tenant wouldn't agree a date/time when he could enter the property with the tenant to complete an estimation. I have got a letter to that effect;
6) The tenancy is coming to an end today (S21 having been issues over 5 months ago) and so I wrote to the tenant asking for access to the property (with 72 hours notice) for yesterday to both do the final assessment of the property and with the builder assess the repair of the ceiling;
7) I got a text on Friday night indicating that CAB/Housing had informed her that she didn't have to allow me to enter the property without a court order and that I would have to seek possession (essential she is holding out for Housing to re-house her but they won't without her being evicted);
8) I intend to do that with a 5Nb. But I am concerned that this will be stopped on the grounds that repairs are still required, even though I have made every effort to get them done;
9) The 5Nb doesn't seem to have a section allowing for an explanation to the court of the above? The tenant will by tomorrow owe 3 months rent (one in arrears);
10) Hence key question, do I go for a 5Nb or a N115???

Thanks in advance.

16/09/2007 00:00

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