The Order for Possession Accelerated Procedure, colloquially known as accelerated possession, is a legal process landlords can use to regain possession of their rental property in England and Wales This procedure is particularly useful in cases where tenants have failed to pay rent or have otherwise breached the terms of their tenancy agreement By utilizing accelerated possession, landlords can quickly and efficiently remove problematic tenants from their property without the need for a lengthy court battle.
The accelerated possession process was introduced as part of the Housing Act 1988 and has since been updated to streamline and simplify the eviction process for landlords This procedure is only available to landlords who have used an assured shorthold tenancy agreement, the most common form of tenancy agreement used in the private rental sector.
To begin the accelerated possession process, landlords must first serve their tenants with a Section 21 notice This notice informs the tenants that the landlord wishes to regain possession of the property and provides them with a minimum of two months’ notice to vacate the premises It is essential that landlords adhere to the strict rules and regulations surrounding Section 21 notices to avoid delays or complications in the eviction process.
Once the Section 21 notice has expired, landlords can then apply to the court for an order for possession using the accelerated possession procedure This application can be made online, and landlords are required to provide the court with the necessary documentation, including a copy of the Section 21 notice, the original tenancy agreement, and evidence of any rent arrears or breaches of the tenancy agreement.
One of the key benefits of the accelerated possession procedure is that it is typically faster and more cost-effective than other eviction methods In most cases, landlords can expect to receive a possession order from the court within six to eight weeks of submitting their application order for possession accelerated procedure. This expedited timeline allows landlords to quickly regain possession of their property and minimize any financial losses resulting from non-paying or problem tenants.
It is important to note that while the accelerated possession procedure is generally straightforward, there are still legal requirements that landlords must adhere to throughout the process Failure to comply with these requirements can result in delays or the rejection of the possession order application Landlords are advised to seek legal advice or assistance to ensure that they follow the correct procedures and avoid any potential pitfalls.
Once the possession order has been granted by the court, tenants are typically given a minimum of 14 days to vacate the property voluntarily If they fail to do so, landlords can then apply for a warrant of possession, which authorizes court bailiffs to physically remove the tenants from the property It is important for landlords to follow the correct procedures when evicting tenants to avoid any legal repercussions.
In conclusion, the Order for Possession Accelerated Procedure is a valuable tool for landlords seeking to regain possession of their rental property quickly and efficiently By following the correct procedures and requirements, landlords can navigate the accelerated possession process with relative ease and remove problematic tenants from their property without the need for a lengthy court battle This streamlined eviction process not only saves landlords time and money but also helps to protect their investment and ensure the smooth running of their rental business.