As a landlord, dealing with difficult tenants can be a major headache. Whether they are consistently late on rent, causing disturbances to other tenants, or breaching the terms of their tenancy agreement, it may become necessary to take legal action to regain possession of your property. In situations where there is no dispute over the tenant’s right to remain on the property, the accelerated possession order process can be a valuable tool for expediting the repossession process.
The accelerated possession order process is a streamlined procedure for regaining possession of a property that is let under an assured shorthold tenancy agreement. It is important to note that this process can only be used in cases where the tenant does not have a fixed-term or periodic assured tenancy, and where there is no dispute over the landlord’s right to possession. If there is any doubt or dispute over these matters, it may be necessary to pursue a standard possession order through the court.
The first step in the accelerated possession order process is to provide the tenant with a valid Section 21 notice. This notice informs the tenant that the landlord intends to regain possession of the property and must be served in accordance with the terms of the tenancy agreement and the Housing Act 1988. The notice must give the tenant at least two months’ notice to vacate the property, and the landlord must provide proof of service in the form of a signed acknowledgment or certificate of service.
Once the Section 21 notice period has expired and the tenant has not vacated the property, the landlord can apply to the court for an accelerated possession order. This application is made using form N5B, which can be submitted online or through the post along with the appropriate fee. The landlord must also provide evidence that the Section 21 notice was served correctly and that the tenant has failed to vacate the property.
If the court is satisfied that the landlord has followed the correct procedures and that the tenant has no valid defense to the possession claim, an accelerated possession order will be granted. This order allows the landlord to take back possession of the property without the need for a court hearing, usually within a matter of weeks. However, it is important to note that the accelerated possession order process does not provide for the recovery of any unpaid rent or damages, which may need to be pursued separately through the court.
Once the accelerated possession order has been granted, the tenant will be given a date by which they must vacate the property. If the tenant fails to leave by this date, the landlord can apply for a warrant of possession from the court. This warrant gives the landlord the power to instruct bailiffs to evict the tenant from the property. It is important to note that the landlord may be required to pay additional fees to cover the cost of obtaining the warrant and arranging for the bailiffs to carry out the eviction.
In conclusion, the accelerated possession order process can be a useful tool for landlords seeking to regain possession of their property quickly and efficiently. By following the correct procedures and providing the necessary evidence, landlords can navigate this process with minimal hassle and expense. However, it is important to seek legal advice if there are any doubts or disputes over the tenant’s right to possession, as this can complicate the process and result in delays.