When a landlord decides to take back possession of their property from a tenant, they may opt to use the accelerated possession procedure. This is a quicker and more efficient way to regain possession of the property without having to go through a lengthy court process. However, tenants do have the right to defend themselves against an accelerated possession order by submitting a defence form. In this article, we will delve into the defence form accelerated possession procedure and how tenants can use it to protect their rights.
The accelerated possession procedure is typically used when a landlord wants to evict a tenant who is on a periodic assured shorthold tenancy. This procedure allows the landlord to apply for a possession order without needing to provide a specific reason for wanting the property back. This means that the landlord does not have to prove that the tenant is in breach of any terms of the tenancy agreement.
Once the landlord has applied for an accelerated possession order, the court will review the application and, if everything is in order, will issue a possession order. However, tenants do have the right to defend themselves against this order by submitting a defence form. This form allows the tenant to explain why they believe they should not be evicted from the property.
There are several grounds on which a tenant can base their defence against an accelerated possession order. Some common defences include:
1. Failure to follow proper procedures: If the landlord has not followed the correct procedures when serving notice or applying for possession, the tenant may have grounds to challenge the possession order.
2. Disrepair of the property: If the property is in a state of disrepair that the landlord has failed to address, the tenant may be able to argue that they should not be evicted until the necessary repairs have been made.
3. Counterclaims for rent arrears: If the tenant believes that they are owed money by the landlord, such as for repairs or improvements made to the property, they may be able to set off these amounts against any rent arrears.
When completing the defence form, it is important for the tenant to provide as much evidence and information as possible to support their case. This may include photographs, correspondence with the landlord, witness statements, or any relevant documentation.
Once the defence form has been submitted, the court will review the tenant’s arguments before making a decision on whether to uphold the possession order. If the court agrees with the tenant’s defence, the possession order may be set aside, and the tenant may be allowed to remain in the property.
It is important for tenants to be aware of their rights and to seek legal advice if they are facing eviction through the accelerated possession procedure. A solicitor who specializes in housing law can provide valuable assistance in understanding the process and preparing a strong defence.
In conclusion, the defence form accelerated possession procedure provides tenants with a means to challenge an accelerated possession order and protect their rights to remain in the property. By submitting a defence form and providing compelling evidence to support their case, tenants can potentially overturn a possession order and continue to live in their home. It is essential for tenants to seek legal advice and be proactive in defending themselves against eviction through this procedure.