When a landlord wants to regain possession of their property from a tenant who is not complying with the terms of their tenancy agreement, they may have to resort to obtaining a possession order through the courts. One of the options available to landlords in such situations is the accelerated possession order process.
What is an Accelerated Possession Order?
An accelerated possession order is a legal process that allows a landlord to regain possession of their property without the need for a court hearing. This process is available to landlords who have assured shorthold tenancies and allows them to seek possession of the property on specified grounds, such as the tenant being in breach of the tenancy agreement or the landlord requiring possession for their own personal use.
The Process of Obtaining an Accelerated Possession Order
To obtain an accelerated possession order, the landlord must first serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord intends to regain possession of the property and gives them a minimum of two months’ notice to vacate. If the tenant does not vacate the property by the specified date, the landlord can apply to the court for an accelerated possession order.
The landlord must submit an application to the court, along with evidence of the tenancy agreement, the Section 21 notice, and proof that the notice was served on the tenant. The court will then review the application and, if satisfied that all the necessary requirements have been met, will issue an accelerated possession order.
Once the order has been granted, it will specify a date by which the tenant must vacate the property. If the tenant fails to leave by the specified date, the landlord can apply for a warrant of possession, which allows them to instruct bailiffs to evict the tenant.
Advantages of the accelerated possession order process
One of the main advantages of the accelerated possession order process is that it is quicker and more cost-effective than other possession procedures. As the process does not require a court hearing, it can be completed in a shorter period of time, allowing landlords to regain possession of their property more quickly.
Another advantage of the accelerated possession order process is that it is more straightforward than other possession procedures. The requirements for obtaining an accelerated possession order are relatively simple, and as long as the landlord has followed the correct procedures, the court is likely to grant the order.
Potential Challenges of the accelerated possession order process
While the accelerated possession order process can be an effective way for landlords to regain possession of their property, there are some potential challenges that they may face. For example, if the tenant disputes the possession order or raises a defence, the landlord may need to attend a court hearing to resolve the issue.
In addition, if the landlord has not followed the correct procedures for serving the Section 21 notice or submitting the application to the court, the possession order may be delayed or even rejected. It is therefore important for landlords to seek legal advice and ensure that they have followed all the necessary steps correctly.
Conclusion
The accelerated possession order process is a valuable 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 obtain an accelerated possession order and evict non-compliant tenants in a timely manner. While there are some potential challenges to be aware of, the advantages of this process make it a popular choice for landlords seeking to enforce their rights under a tenancy agreement.