The order for possession accelerated procedure is a legal process that allows landlords to quickly regain possession of their property from tenants who have not complied with the terms of their tenancy agreement. This procedure is designed to provide a swift and efficient means for landlords to evict tenants who are in breach of their tenancy agreement, without the need for a lengthy court process.
The order for possession accelerated procedure is governed by the Housing Act 1988, and is available to landlords who have granted an assured shorthold tenancy. This type of tenancy is the most common form of tenancy agreement in the UK, and gives landlords the right to regain possession of their property after the fixed term of the tenancy has ended, provided they give the tenant the appropriate notice.
In order to initiate the order for possession accelerated procedure, the landlord must first serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of two months’ notice to vacate the premises. If the tenant does not vacate the property by the specified date, the landlord can then apply to the courts for a possession order using the accelerated procedure.
One of the key benefits of the order for possession accelerated procedure is that it is a quicker and more cost-effective process than the standard possession procedure. In most cases, the court will grant the possession order without the need for a hearing, provided that the landlord has followed all the correct procedures and the tenant has not raised any valid defenses. This means that landlords can typically regain possession of their property within a matter of weeks, rather than months.
However, it is important to note that the accelerated procedure is not suitable for all eviction cases. If the tenant has raised valid defenses or counterclaims, the court may decide to hold a hearing to determine the outcome of the case. Additionally, landlords must ensure that they have followed all the correct procedures when serving the Section 21 notice and applying for the possession order, as any mistakes or errors could result in the case being delayed or thrown out.
Landlords should also be aware that the order for possession accelerated procedure does not give them the right to physically remove the tenant from the property. If the tenant refuses to vacate the premises after the possession order has been granted, the landlord must apply to the court for a warrant of possession. This authorizes a bailiff to evict the tenant from the property, usually within a few weeks of the warrant being issued.
In conclusion, the order for possession accelerated procedure is a valuable tool for landlords seeking to regain possession of their property quickly and efficiently. By following the correct procedures and obtaining the necessary court orders, landlords can swiftly remove non-compliant tenants and repossess their property. However, it is important for landlords to be aware of the potential pitfalls and complexities of the process, and to seek legal advice if necessary to ensure a successful outcome.