The order for possession accelerated procedure, also known as accelerated possession, is a legal process that allows landlords to quickly regain possession of their property from tenants who have failed to vacate the premises after receiving a section 21 notice. This procedure is often used as a last resort when a tenant refuses to leave voluntarily and the landlord has no other option but to seek a court order to evict them.
The accelerated possession procedure is governed by Part 55 of the Civil Procedure Rules, which sets out the rules and guidelines for obtaining a possession order through the courts. It is designed to provide landlords with a more streamlined and efficient process for evicting tenants who have breached their tenancy agreement and are in arrears of rent.
In order to initiate the accelerated possession procedure, the landlord must first serve the tenant with a section 21 notice, also known as a notice to quit. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of two months to vacate the premises. If the tenant fails to vacate by the specified date, the landlord can then apply to the court for a possession order.
The application for a possession order is made using Form N5B, which must be submitted to the court along with the relevant supporting documents, including a copy of the section 21 notice, the tenancy agreement, and details of any rent arrears owed by the tenant. The court will then review the application and, if satisfied that all the necessary requirements have been met, will issue a possession order in favor of the landlord.
Once the possession order has been granted, the tenant is usually given a deadline by which they must vacate the property. If the tenant fails to comply with the possession order, the landlord can then apply for a warrant of possession, which authorizes court bailiffs to evict the tenant and take back possession of the property on their behalf.
It is important to note that the accelerated possession procedure is only available to landlords who have served a valid section 21 notice on their tenants and have followed all the correct legal procedures. Failure to comply with the requirements set out in the Housing Act 1988 could result in the court rejecting the landlord’s application for a possession order, leaving them unable to evict the tenant through the accelerated possession procedure.
Landlords should also be aware that the accelerated possession procedure does not allow them to claim any rent arrears owed by the tenant. If the tenant is in arrears of rent, the landlord will need to pursue a separate claim for the outstanding rent through the small claims court or another legal process.
Overall, the order for possession accelerated procedure provides landlords with a swift and effective way of regaining possession of their property from tenants who are in breach of their tenancy agreement. By following the correct procedures and obtaining a possession order through the courts, landlords can ensure that they are able to evict non-compliant tenants and regain control of their property in a timely manner.
In conclusion, the accelerated possession procedure is a valuable tool for landlords facing difficulties with non-compliant tenants. By following the correct legal procedures and obtaining a possession order through the courts, landlords can regain possession of their property and move forward with finding new tenants who will adhere to the terms of their tenancy agreement.