Is it correct that an AST less than 6 months can’t use the accelerated possession procedure?

You are here : Member Forums Possession - Section 8 and Section 21 Is it correct that an AST less than 6 months can’t use the accelerated possession procedure?
Z
ZTA
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Hello. Been really busy so not been here for some time.
Got a question and looking for some input please.

A short synopsis of events!

  1. 9th June 2017 – Applied to court for possession
  2. [dated] 9th August 2017 – Struck out as proceedings not begun within 6 months of s21 notice.
  3. 23rd August 2017 – we appealed and asked the district court to reconsider as the tenancy was created before the 1st October 2015.
  4. We constantly chased, were first advised that the court had not yet seen correspondence up to the date we had sent the email [for many months after] then asked us to send again, then promised to call back… until eventually…
  5. 8th January 2017 am – the court emailed and confirmed that the s21 IS valid but

a. advised there was a mistake on the claim form re date s21 expired. This was actually a mistake by the court as the date on the form was correct!
b. Also advised that claim form incorrect as one of the two alternatives from paragraphs 3 should have been deleted. This was technically correct, although is usually self-understood and many clams have gone through like this.
c. We were therefore ordered to file amended claim form.
  1. 8th January 2017 pm – Amended for submitted
  2. We constantly chased, no one occasion we were transferred to another in bound call instead of someone who could help! Advised that it has gone to judge and we should hear back within 2 weeks… This was finally looked at…
  3. AFTER 10 MONTHS… [dated] 9th April 2018 – Struck out as the AST was a 3 month tenancy, and any AST less than 6 months is not able to use the accelerated possession procedure.

My question now is
A) Is it correct that an AST less than 6 months can’t use the accelerated possession procedure? In the past have used, although obviously waited until after the 6 months to use.
B) If this is correct, can the courts transfer this to be used with a hearing or is a new application required?
C) If they require a new application can I receive a refund for my fee for a claim that was not dealt with?

19/04/2018 17:37

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