When it comes to the legal process of reclaiming possession of a property, the accelerated possession procedure is a fast-track option available to landlords. This procedure allows landlords to take back possession of their property more quickly than if they were to follow the standard possession route through the courts. In this article, we will explore the claim form for possession of property accelerated procedure in more detail.
The accelerated possession procedure is commonly used by landlords who want to reclaim possession of their property on grounds such as the expiration of a fixed-term tenancy agreement or the non-payment of rent by the tenant. It is important to note that this procedure can only be used in cases where the tenancy agreement is an assured shorthold tenancy (AST) and the landlord is not seeking to claim rent arrears.
The first step in the accelerated possession procedure is to complete and submit a claim form for possession of property (accelerated procedure) to the county court. This claim form is known as Form N5B and can be downloaded from the HM Courts and Tribunals Service website. The claim form requires the landlord to provide details of the tenancy agreement, the reasons for seeking possession, and any relevant dates such as the date the tenancy began and the date notice was given to the tenant.
Once the claim form has been completed, it must be signed by the landlord and submitted to the county court along with a copy of the tenancy agreement, any notices served on the tenant, and the court fee. The court fee for using the accelerated possession procedure is currently £355, although this fee may be subject to change so it is advisable to check the latest fee schedule on the HM Courts and Tribunals Service website.
After the claim form has been submitted to the county court, the court will review the application and decide whether to issue a possession order. If the court is satisfied that the claim is valid and that all necessary documentation has been provided, it will issue a possession order without the need for a court hearing. This is what makes the accelerated possession procedure a faster option compared to the standard possession route, which typically involves a court hearing.
It is important to note that the accelerated possession procedure is a relatively straightforward process, but landlords must ensure that they follow the correct steps and provide all necessary documentation in order to avoid any delays or complications. Failure to do so could result in the claim being rejected by the court, leading to further delays in reclaiming possession of the property.
Once the possession order has been issued by the court, the tenant will be given a period of time to vacate the property. This period is usually around 14 days, although it may be longer depending on the circumstances of the case. If the tenant fails to vacate the property by the specified deadline, the landlord can apply for a warrant of possession, which authorizes bailiffs to evict the tenant from the property.
In conclusion, the claim form for possession of property accelerated procedure is a useful tool for landlords who need to reclaim possession of their property quickly and efficiently. By following the correct steps and providing all necessary documentation, landlords can ensure that the accelerated possession procedure runs smoothly and that they are able to regain possession of their property in a timely manner.