accelerated possession is a term used to describe the process of obtaining possession of a property through the courts in a quicker and more streamlined manner than traditional possession proceedings. This process is typically used by landlords who are seeking to evict tenants for reasons such as non-payment of rent or breach of tenancy agreement.
The accelerated possession procedure was introduced as a way to expedite the process of regaining possession of a property for landlords who are facing difficult tenants. By using this process, landlords can avoid lengthy court hearings and potentially save time and money in the eviction process.
One key aspect of accelerated possession is that it can only be used in cases where the tenant has not raised a counterclaim for disrepair or a breach of the landlord’s repairing obligations. This means that if the tenant has valid reasons for withholding rent or breaching the tenancy agreement, the accelerated possession procedure may not be appropriate.
The first step in the accelerated possession process is for the landlord to serve a Section 21 notice on the tenant. 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. The Section 21 notice is a key document in the accelerated possession process, and it must be drafted correctly in order to be valid.
Once the Section 21 notice has been served, the landlord can then apply to the court for possession of the property. The court will review the application and, if satisfied that the correct procedures have been followed, will issue a possession order. This order will typically give the tenant a set period of time to vacate the property, usually around 14 days.
If the tenant fails to vacate the property by the specified date, the landlord can then apply to the court for a warrant of possession. This document gives the landlord the legal right to have the tenant forcibly removed from the property by court bailiffs.
It is important to note that the accelerated possession process can be complex and time-consuming, particularly if the tenant refuses to cooperate or raises legal objections. For this reason, it is essential for landlords to seek legal advice and assistance when using this procedure.
There are several advantages to using accelerated possession. Firstly, it allows landlords to regain possession of their property more quickly than through traditional possession proceedings. This can be particularly beneficial in cases where the tenant is causing damage to the property or engaging in anti-social behaviour.
Secondly, accelerated possession can be a cost-effective way for landlords to evict problem tenants. By avoiding lengthy court hearings and legal disputes, landlords can save time and money in the eviction process.
However, there are also some disadvantages to using the accelerated possession process. For example, if the tenant raises legal objections or if the landlord fails to follow the correct procedures, the process can be delayed or even contested in court. This can result in additional costs and stress for the landlord.
In conclusion, accelerated possession is a useful tool for landlords who are seeking to regain possession of their property quickly and efficiently. By following the correct procedures and seeking legal advice, landlords can successfully evict problem tenants and protect their investment.