Accelerated possession procedure

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 a possession order, usually without the need for a hearing, if they are happy that a possession order can be made.

In other cases, the court will set a hearing to consider the matter further.

The accelerated possession procedure can only be used if you are not claiming rent arrears from the tenant.

If the tenant does owe arrears of rent, it is possible to use the accelerated possession procedure and then bring a separate county court claim for the rent arrears. However, in practice, it may be more difficult to track down the tenant once they have left the property, so if the arrears are substantial, you may wish to use the normal possession procedure to try and get a possession order which not only covers the possession of the property but also rent arrears at the same time.

This procedure will however normally take longer than the accelerated possession procedure so you need to decide whether getting your property back is more important that recovering the rent arrears.


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.

 

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