When it comes to renting out properties, landlords may sometimes find themselves in a situation where they need to regain possession of their property from tenants. This can be due to various reasons such as non-payment of rent, property damage, or simply the landlord deciding to sell the property. In cases like these, accelerated possession can be a useful legal process for landlords to quickly and efficiently regain possession of their property.
accelerated possession is a procedure available to landlords in England and Wales who want to evict tenants under an assured shorthold tenancy. It is called “accelerated” because it is designed to be a fast-track route for landlords to regain possession of their property without the need for a court hearing. This can save time and money for both parties involved.
In order to be eligible for accelerated possession, landlords must meet certain criteria. Firstly, the tenancy must be an assured shorthold tenancy, which is the most common type of tenancy agreement in the private rental sector. Secondly, the landlord must have served a valid Section 21 notice to the tenant. A Section 21 notice is a legal document that informs the tenant that the landlord wishes to regain possession of the property once the fixed term of the tenancy agreement has ended or at a later date specified in the notice.
It is important to note that accelerated possession cannot be used if the tenancy agreement is not an assured shorthold tenancy, if the fixed term of the tenancy has not ended, or if the landlord has failed to serve a valid Section 21 notice. If any of these criteria are not met, landlords will have to use the standard possession procedure which involves a court hearing.
The process of accelerated possession begins with the landlord submitting an application to the court along with supporting documents such as the original copy of the tenancy agreement, the Section 21 notice, and proof of service of the notice to the tenant. The court will then review the application and if everything is in order, they will issue an order for possession. This typically takes around 6-8 weeks from the date of application.
Once the order for possession has been granted, the tenant will be given a date by which they must vacate the property. If the tenant fails to leave by this date, the landlord can apply for a warrant of possession which gives bailiffs the authority to evict the tenant. It is important for landlords to follow the correct legal process when evicting tenants to avoid any potential legal complications.
While accelerated possession is a quick and efficient way for landlords to regain possession of their property, it is not without its limitations. For example, accelerated possession cannot be used to recover rent arrears or to claim damages for property damage. If landlords wish to pursue these claims, they will have to use the standard possession procedure which involves a court hearing.
In conclusion, accelerated possession is a useful legal process for landlords in England and Wales to quickly and efficiently regain possession of their property from tenants under an assured shorthold tenancy. By following the correct procedures and meeting the necessary criteria, landlords can save time and money while avoiding the need for a court hearing. It is important for landlords to understand the limitations of accelerated possession and to seek legal advice if needed to ensure a smooth and successful eviction process.