When landlords are faced with tenants who refuse to vacate a property even after the expiration of a tenancy agreement, they may need to seek an accelerated possession order from the court. An accelerated possession order is a legal process that allows landlords to regain possession of their property in a swift manner. This article will provide an overview of the accelerated possession order process and the steps involved in obtaining one.
The accelerated possession order process is available to landlords who have an assured shorthold tenancy agreement in place with their tenants. This type of tenancy is the most common in the UK and allows landlords to regain possession of their property after serving a valid Section 21 notice to the tenant. The Section 21 notice provides the tenant with a minimum of two months’ notice to vacate the property.
If the tenant fails to vacate the property by the specified date in the Section 21 notice, the landlord can apply to the court for an accelerated possession order. This process is typically faster and more cost-effective than other possession order processes, such as the standard possession order or the rent arrears possession order.
To apply for an accelerated possession order, the landlord must complete a form N5B, which is available on the government’s website. The form requires information about the landlord, tenant, property, and details of the tenancy agreement. The completed form, along with a copy of the Section 21 notice and the tenancy agreement, must be submitted to the court along with the appropriate court fee.
Once the court receives the application, they will review the documents and set a date for a possession hearing. The hearing will usually take place within a few weeks of the application being submitted. During the hearing, the judge will consider the evidence presented by both the landlord and the tenant before making a decision on whether to grant the accelerated possession order.
If the judge is satisfied that the landlord has followed the correct legal procedures and that the tenancy agreement has come to an end, they will grant the accelerated possession order. The order will specify a date by which the tenant must vacate the property, usually within 14 days of the order being granted.
If the tenant still refuses to vacate the property by the specified date, the landlord can apply for a warrant of possession. This allows bailiffs to evict the tenant from the property forcibly if necessary. The cost of obtaining a warrant of possession is usually borne by the tenant.
It is important for landlords to follow the correct legal procedures when seeking an accelerated possession order to avoid any delays or complications in the process. Failure to do so can result in the court rejecting the application or requiring additional information before granting the order.
Overall, the accelerated possession order process is a useful tool for landlords to regain possession of their property quickly and efficiently. By following the correct procedures and providing the necessary evidence, landlords can navigate the legal process with ease and ensure a successful outcome.
In conclusion, the accelerated possession order process is a valuable tool for landlords seeking to regain possession of their property from non-compliant tenants. By following the correct procedures and providing the necessary evidence, landlords can successfully obtain an accelerated possession order and regain control of their property.