When a landlord wants to take back possession of their property from a tenant, they may have to go through the legal process known as an accelerated possession order. This process allows landlords to regain possession of their property without having to prove any fault on the part of the tenant. It is a quicker and more straightforward route than other possession procedures, making it a popular choice for many landlords. In this article, we will explore the accelerated possession order process in more detail.
The first step in obtaining an accelerated possession order is to ensure that the correct notice has been served to the tenant. There are two types of notices that may be served – a section 21 notice or a section 8 notice. A section 21 notice is used when a landlord wants to gain possession of their property at the end of a fixed-term tenancy agreement. This notice must give the tenant at least two months’ notice to vacate the property. On the other hand, a section 8 notice is used when the tenant has breached the terms of the tenancy agreement in some way. In this case, the notice period may vary depending on the reason for the eviction.
Once the correct notice has been served and the requisite notice period has passed, the landlord can apply for an accelerated possession order through the court. The application is made using form N5B and must be accompanied by a copy of the tenancy agreement, the notice served to the tenant, and any other relevant documentation. There is also a fee to be paid when submitting the application.
After the application has been submitted, the court will review the documentation and, if satisfied that everything is in order, will issue an order for possession. This order will specify the date by which the tenant must vacate the property. In most cases, the tenant will have 14 days from the date of the order to leave the property voluntarily. If the tenant does not vacate the property by the specified date, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant.
It is important to note that the accelerated possession order process is only available to landlords who have complied with all the legal requirements, including protecting the tenant’s deposit in a government-approved scheme, providing the tenant with an up-to-date copy of the EPC, gas safety certificate, and the government’s “How to Rent” guide. Failure to comply with these requirements may result in the court dismissing the landlord’s application for an accelerated possession order.
One of the key benefits of the accelerated possession order process is that it is usually quicker than other possession procedures. Once the application has been submitted to the court, it can take as little as four to six weeks for the possession order to be granted. This can be particularly advantageous for landlords who need to regain possession of their property quickly, for example, if they want to sell the property or move back in themselves.
Another advantage of the accelerated possession order process is that it is relatively straightforward compared to other possession procedures. Because the landlord does not have to prove any fault on the part of the tenant, the process is generally less complex and less likely to be contested by the tenant. This can save both time and money for the landlord and make the whole process less stressful for all parties involved.
In 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 legal procedures and ensuring that all requirements are met, landlords can successfully navigate this process and reclaim their property without undue delay. If you are a landlord facing difficulties with a tenant, consider whether an accelerated possession order may be the right solution for you.