Accelerated possession order
The accelerated possession order procedure can be a useful tool for a landlord who simply wants to get their property back as soon as possible. If the landlord does not want to claim for rent arrears, this should be the quickest route for obtaining possession of the property.
The procedure can still be used if there are rent arrears, except that the landlord will need to issue separate county court proceedings for the rent arrears.
In order to issue a possession claim using the accelerated possession procedure, the following requirements must be satisfied:
- There is a written assured shorthold tenancy agreement in place
- You are not claiming rent arrears
- You have served a valid Section 21 Notice on the tenant(s)
- You have not asked the tenant(s) to leave before the end of their fixed term
The accelerated possession procedure involves issuing a claim online and paying a fee.
The court will send the tenant a copy of the application who then has 14 days in which to respond with their reasons as to why a possession order should not be made.
The claim will then be considered by a judge who will make an accelerated possession order, usually without the need for a hearing, if they are happy that an accelerated possession order can be made.
In other cases, where the judge believes that landlord may not have complied with the above criteria or where the tenant may have another reason why they should be allowed to remain in the property, the court will set a hearing to consider the matter further.
If the judge grants an accelerated possession order, it normally takes 14 days to take effect, by which date your tenant must leave the property. If they refuse to do so, the landlord will normally instruct the county court bailiffs to evict the tenants.
Contact expert possession claims solicitors now
Please contact one of our expert possession claims lawyers now for your informal and friendly consultation. At Francis Wilks & Jones, we have all the possession claims experience needed to handle any type of possession claims problem. We offer quick and effective possession claims advice, whatever your situation. Don’t delay. Call now for a friendly consultation.
Page # of 9