An accelerated possession order is a legal process that allows landlords to expedite the eviction of tenants from their property This type of order can be obtained through the courts without the need for a hearing, making it a quicker and more cost-effective option for landlords looking to regain possession of their property However, many landlords are left wondering how long it takes to obtain an accelerated possession order and what they can expect during the process.
The timeline for obtaining an accelerated possession order can vary depending on a number of factors, including the complexity of the case and the efficiency of the court system In general, the process typically takes around 6-8 weeks from start to finish Here is a breakdown of the steps involved in obtaining an accelerated possession order and how long each step is likely to take:
1 Serving the Section 21 Notice: Before applying for an accelerated possession order, landlords must first serve their tenants with a Section 21 notice This notice informs the tenants that the landlord wishes to regain possession of the property and sets out the date by which they must vacate The minimum notice period is typically 2 months, although it can be longer if specified in the tenancy agreement.
The time it takes to serve the Section 21 notice and for the notice period to expire can vary depending on the circumstances, but landlords should allow for at least 2 months before proceeding to the next step.
2 Applying for the Accelerated Possession Order: Once the notice period has expired and the tenants have not vacated the property, landlords can apply to the court for an accelerated possession order This typically involves completing a standard court form and providing evidence that the Section 21 notice was served correctly.
The court will then review the application and, if everything is in order, grant the accelerated possession order This part of the process usually takes around 2-4 weeks, although it can be longer if the court is particularly busy.
3 accelerated possession order how long. Issuing the Possession Order: Once the court has granted the accelerated possession order, it will issue a possession order that sets out the deadline by which the tenants must vacate the property This deadline is typically 14 days from the date the order is issued.
The possession order is then served on the tenants, who must comply with the deadline or face further legal action Landlords should allow for around 1-2 weeks for the possession order to be issued and served on the tenants.
4 Evicting the Tenants: If the tenants do not vacate the property by the deadline set out in the possession order, landlords can apply to the court for a warrant of possession This authorizes court bailiffs to attend the property and evict the tenants if necessary.
The time it takes to obtain a warrant of possession can vary, but landlords should allow for around 2-4 weeks for this part of the process Once the warrant is issued, the bailiffs will typically give the tenants a further 14 days’ notice before attending the property to carry out the eviction.
In total, landlords should allow for around 6-8 weeks to obtain an accelerated possession order and evict tenants from their property However, this timeframe can be longer if there are any delays or complications during the process.
It is important for landlords to follow the correct procedures and provide all the necessary documentation to the court in order to expedite the process as much as possible Seeking legal advice from a solicitor specialising in landlord and tenant law can also help to ensure a smooth and efficient eviction process.
In conclusion, an accelerated possession order can be a useful tool for landlords looking to regain possession of their property quickly and efficiently By understanding the timeframe involved in obtaining an accelerated possession order, landlords can be better prepared for the process and take the necessary steps to ensure a successful outcome.