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i have served a section 21 notice on my tenant as per the correct procedure.(witness etc) She is on benefits and has been advised by the council that i need to get a possesion order to get back into the property. i understand that they should not do this ?
I have received the following letter from their Homeless and Housing Advice Directorate:
"we have been approached by......who has come to housing advice because you want vacnat possesion at the end of the tenancy agreement which would be April 5th 2008.
In order to gain vacant possesion you would need to apply for a Possesion Order after serving a valid notice.(Housing Act 1988)
You would need to serve a valid notice before you apply for a possesion order.
We have advised our client that because you have taken a deposit you would need to give details of where the deposit is being held.
If you have not given details of where the deposit is being held you would not be able to use the Section 21 procedure to gain vacant possesion (Housing Act 2004 S215 (1)
Thank you etc..

it states on the tenancy agreement "Deposit...1,256.66 held by the landlord. I have also written to her, recorded delivery a few weeks ago to confirm this.
Could you please answer the following;

1.Are the council wrong in telling her I need a possesion order?

2. Have I acted correctly as regards the deposit ,tenancy started 5th April 2007, ends 4th April 2008 (pre deposit scheme?)

3. Is there anything I should do now to stop her trying to delay re-possesion?


31/03/2008 00:00

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