A landlord may sometimes find themselves in a situation where a tenant has failed to pay rent, breached the tenancy agreement, or caused damage to the property. In such cases, the landlord may need to seek possession of the property through legal means. One method of doing this is through an accelerated possession claim.
An accelerated possession claim is a quicker and simpler way for landlords to regain possession of their property without the need for a court hearing. This process is only available for landlords who have an assured shorthold tenancy agreement with their tenant.
The first step in starting an accelerated possession claim is to serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord wishes to repossess the property at the end of the fixed term or after a specified date. The notice must give the tenant at least two months’ notice before the landlord can apply for possession through the courts.
Once the Section 21 notice has expired, the landlord can then apply to the court for an accelerated possession claim. This can be done online or by filling out the necessary forms and submitting them to the court. The court will then review the application and, if everything is in order, issue a possession order.
It is important to note that an accelerated possession claim is a paper application, meaning there is no need for a court hearing. This makes the process much quicker and cheaper compared to a standard possession claim, which can take several months to resolve.
However, there are certain criteria that must be met in order to be eligible for an accelerated possession claim. These include:
1. The tenancy agreement must be an assured shorthold tenancy.
2. The Section 21 notice must have been served correctly and expired.
3. The tenancy deposit must have been protected in a government-approved scheme.
4. The property must not be licensable under the Housing Act 2004.
If all the criteria are met, the court will issue a possession order, giving the tenant a specified amount of time to vacate the property. If the tenant fails to leave by the specified date, the landlord can then apply for a warrant of possession, which will allow bailiffs to evict the tenant.
It is important for landlords to follow the correct procedures when seeking possession of their property. Failure to do so can result in the court refusing the possession order or delaying the process, costing the landlord time and money.
In conclusion, an accelerated possession claim is a useful tool for landlords who need to regain possession of their property quickly and efficiently. By following the correct procedures and meeting the necessary criteria, landlords can use this process to evict problem tenants and take back control of their property.
If you are a landlord facing difficulties with a tenant, consider whether an accelerated possession claim could be the right solution for you. With the help of legal advice and guidance, you can navigate the process smoothly and regain possession of your property in a timely manner.