In the world of property rentals, landlords often face challenges when it comes to dealing with difficult tenants who refuse to vacate the property When a tenant fails to pay rent or violates the terms of the tenancy agreement, landlords may resort to seeking an accelerated possession order to regain possession of their property.
What is an Accelerated Possession Order?
An accelerated possession order is a legal process that allows landlords to evict tenants quickly and efficiently This type of possession order is commonly used when there is no dispute about the landlord’s right to repossess the property and there are no rent arrears to be considered.
The accelerated possession order process is typically used in cases where the tenant has failed to leave the property after receiving a valid section 21 notice, which informs them that the landlord requires possession of the property Unlike a standard possession order, an accelerated possession order does not involve a court hearing and is usually granted by a judge based on the written evidence submitted by the landlord.
How Long Does the Accelerated Possession Order Process Take?
The duration of the accelerated possession order process can vary depending on several factors, such as the court’s caseload, the completeness of the documentation provided by the landlord, and whether the tenant contests the order.
In general, the accelerated possession order process takes around 6-8 weeks from the date of the initial application to the court granting the possession order However, it is essential to note that this timeline can be subject to delays if there are any missing or incorrect details in the paperwork submitted by the landlord.
1 Serving the Section 21 Notice
The first step in obtaining an accelerated possession order is serving the tenant with a valid section 21 notice, which must give the tenant at least two months’ notice to vacate the property Once the notice period has expired, the landlord can apply for an accelerated possession order through the court.
2 Submitting the Possession Claim Form
To apply for an accelerated possession order, the landlord must complete and submit Form N5B (Possession Claim Online) to the court This form requires detailed information about the tenancy agreement, the section 21 notice served on the tenant, and any other relevant documents.
3 accelerated possession order how long. Court Processing and Notification
After receiving the possession claim form, the court will process the application and issue a notice to the tenant informing them of the landlord’s claim for accelerated possession The tenant will have the opportunity to respond to the claim and raise any objections within a specified timeframe.
4 Court Decision and Possession Order
If the tenant does not contest the accelerated possession order, the court will typically grant the possession order without the need for a hearing Once the possession order is issued, the tenant will be given a specific date by which they must vacate the property.
What Happens If the Tenant Contests the Accelerated Possession Order?
If the tenant contests the accelerated possession order or raises any counterclaims, the court may need to schedule a hearing to consider the evidence presented by both parties In this case, the accelerated possession order process may take longer than the typical 6-8 weeks, as the court will need additional time to review the case and make a decision.
It is crucial for landlords to ensure that they have followed the correct procedures and provided all the necessary documentation when applying for an accelerated possession order Any errors or omissions in the paperwork can lead to delays in the process and may result in the court rejecting the landlord’s application.
In conclusion, the accelerated possession order process can be a valuable tool for landlords seeking to evict tenants quickly and efficiently While the process typically takes around 6-8 weeks to complete, landlords should be prepared for potential delays if the tenant contests the order or if there are any issues with the paperwork submitted to the court By understanding the steps involved in obtaining an accelerated possession order and ensuring that all requirements are met, landlords can navigate the process successfully and regain possession of their property in a timely manner.