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I am a new landlord who has rented out a property for the first time and have been taken full advantage of by a rent dodger. The following is an overview of the events that have taken place:

22 Sept 09 - Tenant signs AST for 1 year - I tell the tenant that she can not move in until she gives me a deposit and 1 months rent in advance. In the mean time work will take place to renovate the place.
19 Nov 09 - I go on holiday and she moves in whilst I am away. Moves in whilst the bathroom fitters are fitting the bathroom. The fitters say she said I said it was okay for her to move in.
7 Dec 09 - I return back from holiday and go to see her - she aplogises and states she is arranging the funds from the council and should be with me soon.
17 Jan 10 - I now ask to speak to the council to find out the delay - she then admits she spent the money
19 Jan 10 - I issue Section 8 on Grounds 8,10 & 11 whilst also pointing out my AST states she has to evict in 2 weeks upon non payment of rent
8 Feb 10 - I submit Claim for repossesion to court and the 14 days lapse so i submit the notice of issue
13 Mar 10 - The District Judge makes the following comments "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this"

What does that mean, have I submitted my forms incorrectly?? Any help on this would be appreciated.

I can't believe that someone can live in someone else's property for free whilst the owner pays the mortgage, ground rent and boiler cover at costs of around £400 per month (IMG:style_emoticons/default/blink.gif)

Am a bit confused with the information provided. Its not very clear what type of notice you served and when as you mention both section 8 and 21?

I served a Section 8 and then went to the court for a repossession order. I have never served or prepared a section 21 so unsure why the District Judge makes the following comment "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this".

Makes me wonder has he made a mistake?? Can they make mistakes??

Anyone can make a mistake. Afterall, we are only human (IMG:style_emoticons/default/wink.gif) However, you should have been sent with your determination details of how to challenge that decision. Incidentally, may I ask you what form you used in the first place?

I didnt receive anything to state I could challenge the decision

I initially submitted a Claim for Possesion of Property (Accelerarted Procedure) (AST) with a copy of my tenancy agreement, a copy of the section 8 issued, and a events log supporting the application.

Once the courts served the notice, after 14 days i submitted the request for an order to reposses. I haven't received a defence or any guidance on appealing against the decision other then a letter making the following comment: "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this"

I am assuming he didnt see the section 8.

To my knowledge, accelerated procedure could only be used following the end of the fixed term (section 21). Do you remember which form you used? If you did use incorrect claim form, the judge may have been right. If your tenant is still in arrears, perhaps you should be looking at serving the correct notice. I believe, its important to follow the correct procedure for serving s.8 notice, you may even want to consider professional advice/assistance to ensure the swift process.