accelerated possession is a process that allows landlords to regain possession of their property quickly and efficiently. This legal procedure is available to landlords in England and Wales who have assured shorthold tenancies (ASTs) and want to evict tenants for reasons such as non-payment of rent or breach of tenancy agreement.
As a landlord, it is important to understand the accelerated possession process and how it works. This article will provide an overview of accelerated possession, including the eligibility criteria, the steps involved, and the time frame for obtaining possession of your property.
Eligibility Criteria:
In order to use the accelerated possession procedure, landlords must meet certain eligibility criteria. Firstly, the tenancy must be an assured shorthold tenancy (AST), which is the most common type of tenancy in the private rental sector. The AST must be for a fixed term of at least six months and the landlord must have served the tenants with a valid Section 21 notice, giving them at least two months’ notice to vacate the property.
Additionally, the property must not be subject to an HMO (House in Multiple Occupation) license or be located in an area with selective licensing schemes. If the property meets these criteria, the landlord can apply for accelerated possession through the county court.
Steps Involved:
The accelerated possession process involves several steps that landlords must follow in order to successfully regain possession of their property. Once the Section 21 notice has expired, the landlord can file a claim for possession using Form N5B, which is the standard form for accelerated possession.
The landlord must pay a fee to the court and provide evidence that the tenants were served with the Section 21 notice and that the fixed term of the tenancy has expired. The court will then review the claim and issue a possession order if everything is in order. If the tenants do not vacate the property by the specified date in the possession order, the landlord can apply for a warrant of possession to have the tenants removed by bailiffs.
Time Frame:
One of the main advantages of accelerated possession is the speed at which landlords can regain possession of their property. In most cases, the court will issue a possession order within 6-8 weeks of the claim being filed. Once the possession order is issued, tenants have 14 days to vacate the property voluntarily. If they fail to do so, the landlord can apply for a warrant of possession, which typically takes another 4-6 weeks to be enforced by bailiffs.
It is important for landlords to keep in mind that the time frame for accelerated possession can vary depending on the complexity of the case and any disputes raised by the tenants. It is always advisable to seek legal advice and assistance when going through the accelerated possession process to ensure a smooth and successful outcome.
In conclusion, accelerated possession is a valuable tool for landlords who need to regain possession of their property quickly and efficiently. By understanding the eligibility criteria, steps involved, and time frame for obtaining possession, landlords can navigate the process with confidence and achieve their goal of evicting problematic tenants. If you are a landlord facing difficulties with your tenants, accelerated possession may be the solution you need to protect your investment and move forward with your property ownership goals.