accelerated possession is a legal process that allows landlords to regain possession of their property quickly and efficiently. It is commonly used when a tenant has breached the terms of their tenancy agreement, such as not paying rent or causing damage to the property. This article will explore the process of accelerated possession, including when and how it can be used, as well as the steps involved in obtaining a possession order.
When can accelerated possession be used?
accelerated possession is typically used in cases where a landlord wants to regain possession of their property without having to go through a lengthy court process. This process can only be used for properties that fall under the jurisdiction of an assured shorthold tenancy agreement, which is the most common type of tenancy in the private rental sector.
In order to use accelerated possession, the landlord must 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. The landlord must also ensure that the tenant’s deposit has been protected in a government-approved scheme.
If the tenant does not vacate the property by the date specified in the Section 21 notice, the landlord can apply to the court for a possession order. This is where the accelerated possession process comes into play, as it allows the landlord to obtain a possession order without the need for a court hearing in most cases.
How does accelerated possession work?
Once the landlord has applied to the court for a possession order, the court will review the application and, if everything is in order, will issue the possession order. This typically takes around four to six weeks from the date of application.
If the tenant still does not vacate the property after the possession order has been issued, the landlord can apply for a warrant of possession. This is a document that gives the landlord permission to have the tenant evicted by court-appointed bailiffs. The bailiffs will then attend the property and remove the tenant, allowing the landlord to regain possession.
It is important to note that accelerated possession can only be used for cases in which the tenant has breached the terms of their tenancy agreement, such as not paying rent or causing damage to the property. It cannot be used for cases involving allegations of anti-social behaviour or other serious breaches of the tenancy agreement.
What are the benefits of accelerated possession?
There are several benefits to using accelerated possession to regain possession of a property. Firstly, it is a faster and more efficient process than going through a traditional court hearing, which can be time-consuming and costly. This allows landlords to regain possession of their property quickly and with minimal hassle.
Secondly, accelerated possession is a more straightforward process than going through a court hearing, as it does not require the landlord to prove their case in front of a judge. This can be particularly advantageous in cases where the tenant has clearly breached the terms of their tenancy agreement, such as by not paying rent.
Overall, accelerated possession can be a useful tool for landlords who need to regain possession of their property quickly and efficiently. By understanding the process and when it can be used, landlords can ensure that they are able to take action when necessary to protect their investment.
In conclusion, accelerated possession is a legal process that allows landlords to regain possession of their property quickly and efficiently. By following the correct procedures and understanding when accelerated possession can be used, landlords can ensure that they are able to take action to protect their investment when necessary.