For landlords facing difficult tenants who refuse to vacate the property after the expiration of their lease, the accelerated possession order process can provide a quick and efficient way to reclaim possession of their property. This legal process allows landlords to apply to the court for an accelerated possession order, which typically results in the tenant being evicted within a few weeks.
The accelerated possession order process is available to landlords who have an Assured Shorthold Tenancy (AST) in place and have served the appropriate notice to their tenant. There are two types of accelerated possession orders that can be sought: the Section 21 accelerated possession order and the Section 8 accelerated possession order.
The Section 21 accelerated possession order is the most common type of accelerated possession order used by landlords. This type of order is typically used when the fixed term of the tenancy has come to an end and the landlord wishes to regain possession of the property without having to provide a reason. In order to obtain a Section 21 accelerated possession order, the landlord must have given the tenant at least two months’ notice in writing to vacate the property.
The Section 8 accelerated possession order, on the other hand, is used when the landlord has grounds for eviction that fall under Section 8 of the Housing Act 1988. These grounds can include reasons such as rent arrears, breach of tenancy agreement, or anti-social behavior. In order to obtain a Section 8 accelerated possession order, the landlord must provide evidence to the court to support their claim for possession.
Once the landlord has served the appropriate notice to the tenant and the prescribed period has expired, they can apply to the court for an accelerated possession order. The court will review the landlord’s application and, if everything is in order, will issue the possession order. In most cases, the tenant will be given a date by which they must vacate the property, typically within 14-28 days.
If the tenant fails to vacate the property by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant. The bailiffs will attend the property and remove the tenant and their belongings, allowing the landlord to regain possession of their property.
It is important for landlords to follow the correct procedures when applying for an accelerated possession order, as any errors or omissions could result in delays or the case being thrown out of court. Landlords should seek legal advice before applying for an accelerated possession order to ensure they have a strong case and have followed all the necessary steps.
In some cases, tenants may raise defenses against an accelerated possession order, such as claiming that the notice served was invalid or that the landlord has failed to maintain the property in a habitable condition. If the court finds in favor of the tenant, the accelerated possession order may be dismissed, and the landlord will have to start the process again.
Overall, the accelerated possession order process provides landlords with a relatively quick and straightforward way to regain possession of their property from difficult tenants. By following the correct procedures and seeking legal advice where necessary, landlords can ensure a successful outcome and avoid potential complications.
The accelerated possession order process is a valuable tool for landlords facing problematic tenants and can help to resolve disputes over possession of a property quickly and efficiently. By understanding the process and seeking the necessary advice, landlords can navigate the legal system with confidence and regain control of their property.