For landlords facing the prospect of tenants who have fallen behind on rent payments or are causing damage to their property, obtaining an accelerated possession order can be a key step in regaining control of their property. However, the timescales involved in obtaining such an order can vary depending on a number of factors. In this article, we will explore the accelerated possession order timescales and what landlords need to know.
An accelerated possession order is a legal process that allows landlords to regain possession of their property quickly and without the need for a court hearing. This process is typically used in cases where the tenant has breached the terms of their tenancy agreement, such as failing to pay rent or causing damage to the property. In order to apply for an accelerated possession order, landlords must first serve the tenant with a Section 21 notice, giving them at least two months’ notice to vacate the property.
Once the Section 21 notice has expired, landlords can then apply to the court for an accelerated possession order. The court will review the application and, if all the necessary paperwork is in order, will issue the order without the need for a hearing. This can significantly expedite the process of regaining possession of the property, as traditional possession orders can take much longer to obtain and often require a court hearing.
The timescales involved in obtaining an accelerated possession order can vary depending on a number of factors, including the court’s workload and the complexity of the case. In general, however, landlords can expect the process to take around 6-8 weeks from the date of applying to the court for the order to be issued. This can be significantly faster than traditional possession orders, which can take several months to obtain.
It is important for landlords to note that the accelerated possession order process is only available in certain circumstances, such as when the tenancy agreement is an assured shorthold tenancy and the Section 21 notice has been served correctly. If the tenant disputes the possession order or raises a valid defense, the case may need to be heard in court, which can significantly delay the process.
Landlords should also be aware that obtaining an accelerated possession order does not guarantee that the tenant will vacate the property willingly. In cases where the tenant refuses to leave, landlords may need to apply for a warrant of possession, which allows bailiffs to evict the tenant forcibly. This can add additional time and expense to the process, so landlords should be prepared for this possibility.
In order to expedite the process of obtaining an accelerated possession order, landlords should ensure that they have served the Section 21 notice correctly and have all the necessary paperwork in order before applying to the court. This includes providing evidence of the tenancy agreement, the Section 21 notice, and proof that the tenant has been given the required notice period to vacate the property.
Overall, the timescales involved in obtaining an accelerated possession order can vary depending on a number of factors, but landlords can generally expect the process to take around 6-8 weeks from start to finish. By understanding the requirements and following the correct procedures, landlords can expedite the process of regaining possession of their property and dealing with problematic tenants.
In conclusion, accelerated possession order timescales can vary depending on the court’s workload and the complexity of the case, but landlords can generally expect the process to take around 6-8 weeks from start to finish. By following the correct procedures and ensuring that all the necessary paperwork is in order, landlords can expedite the process of obtaining an accelerated possession order and dealing with problematic tenants.