When it comes to dealing with problem tenants who are not complying with the terms of their tenancy agreement, landlords often find themselves in a difficult and stressful situation. One of the legal remedies available to landlords in such situations is the accelerated possession order process. This process allows landlords to regain possession of their property quickly and efficiently, without the need for a court hearing in most cases.
The accelerated possession order process is governed by Section 21 of the Housing Act 1988, which allows landlords to evict assured shorthold tenants without having to provide a specific reason for wanting possession of the property. However, there are certain requirements that landlords must meet in order to successfully obtain an accelerated possession order.
The first requirement is that the landlord must serve the tenant with a valid Section 21 notice. This notice must be in writing and give the tenant at least two months’ notice to vacate the property. It must also specify the date on which possession of the property is required, which must be at the end of the fixed term of the tenancy or at the end of a rental period if the tenancy is periodic.
Once the Section 21 notice has been served, the landlord must wait until the notice period has expired before applying for an accelerated possession order. The landlord must then complete a claim form and submit it to the court, along with a copy of the Section 21 notice and the relevant tenancy agreement.
If the court is satisfied that the landlord has followed the correct procedure and that the tenancy is an assured shorthold tenancy, it will issue an order for possession. In most cases, this will be done without the need for a court hearing, which is why this process is known as “accelerated.”
It is important to note that the accelerated possession order process is not appropriate in all cases. For example, if the tenant has raised a valid defense or counterclaim, the court may decide to schedule a hearing to resolve the issues. This could delay the possession order and require the landlord to provide additional evidence to support their claim.
In some cases, the court may also decide to adjourn the proceedings if it believes that further investigation or mediation is necessary. This could further delay the landlord’s ability to obtain possession of the property through the accelerated possession order process.
If the tenant fails to vacate the property by the date specified in the possession order, the landlord can then apply to the court for a warrant of possession. This warrant gives the landlord the authority to instruct bailiffs to evict the tenant from the property.
While the accelerated possession order process can be an effective way for landlords to regain possession of their property, it is important to follow the correct procedures and seek legal advice if necessary. Failure to do so could result in delays or even the landlord’s claim being thrown out by the court.
In conclusion, the accelerated possession order process is a valuable tool for landlords who need to evict problem tenants quickly and efficiently. By following the correct procedures and seeking legal advice if necessary, landlords can ensure that they are able to regain possession of their property in a timely manner.