The process of obtaining possession of a property can be a complex and lengthy one, especially when dealing with difficult tenants. However, in certain circumstances, landlords have the option to use an accelerated possession order process to speed up the proceedings.
What is an Accelerated Possession Order?
An accelerated possession order is a legal process that allows landlords to regain possession of their property without the need for a court hearing. This process is typically used in cases where a tenant has failed to leave the property after the expiration of a Section 21 notice, which is a common way for a landlord to regain possession of a rented property.
The accelerated possession order process is only available for assured shorthold tenancies, which are the most common form of tenancy in the UK. These tenancies are usually granted for a fixed term, after which the landlord can regain possession of the property by providing the tenant with a Section 21 notice.
How Does the Process Work?
To begin the accelerated possession order process, the landlord must first serve the tenant with a Section 21 notice, giving them at least two months’ notice to vacate the property. If the tenant fails to leave by the specified date, the landlord can then apply to the court for an accelerated possession order.
The landlord must complete a specific form, known as Form N5B, and submit it to the court along with a copy of the Section 21 notice and proof that it was served on the tenant. The court will then review the application and, if everything is in order, issue an order for possession.
Once the accelerated possession order is granted, the tenant will usually have 14 days to leave the property voluntarily. If they fail to do so, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant forcibly.
Benefits of Using an Accelerated Possession Order
One of the main benefits of the accelerated possession order process is that it is much quicker than going through the standard possession proceedings. In most cases, landlords can regain possession of their property within a matter of weeks, rather than months.
Another advantage of the accelerated possession order process is that it is relatively straightforward and does not require a court hearing. This can save landlords time and money, as they do not have to attend court or pay for legal representation.
However, it is important to note that the accelerated possession order process is only available in certain circumstances and may not be suitable for all cases. For example, if the tenant has raised a valid defense against the possession order, the landlord may have to go through the standard possession proceedings instead.
Final Thoughts
Overall, the accelerated possession order process can be a useful tool for landlords who need to regain possession of their property quickly and efficiently. By following the correct procedures and providing the necessary evidence, landlords can expedite the process and avoid the delays associated with standard possession proceedings.
If you are a landlord facing difficulties with a tenant who refuses to leave your property, consider using the accelerated possession order process to resolve the situation swiftly and effectively. By understanding the requirements and benefits of this process, you can navigate the legal system with confidence and regain control of your property in a timely manner.