As a landlord, there may come a time when you need to seek possession of your property from a tenant. In cases where the tenant has breached their tenancy agreement or you simply need the property back for personal or business reasons, you may consider applying for an accelerated possession order. This legal process allows landlords to regain possession of their property quickly and efficiently. However, it is important to understand the timescales involved in obtaining an accelerated possession order to ensure a smooth and successful outcome.
The accelerated possession order procedure was introduced to provide landlords with a faster and simpler way to evict tenants who have not complied with their tenancy agreement. This process is typically used in cases where there is no dispute over the terms of the tenancy or the need for possession. It is important to note that the accelerated possession order can only be used for assured shorthold tenancies, which are the most common type of tenancy agreement in the UK.
The first step in obtaining an accelerated possession order is to serve a Section 21 notice on the tenant. This notice informs the tenant that the landlord intends to seek possession of the property and typically provides a minimum of two months’ notice. It is important to ensure that the Section 21 notice is served correctly and in accordance with the law to avoid any delays in the possession proceedings.
Once the Section 21 notice has expired, the landlord can apply to the court for an accelerated possession order. The application is made using Form N5B, which is available from the court or online. The completed form must be accompanied by supporting documents, including a copy of the Section 21 notice, the tenancy agreement, and any relevant evidence of non-compliance by the tenant.
Once the application has been submitted to the court, the accelerated possession order timescales can vary depending on the court’s workload and efficiency. In general, the court will review the application and issue a possession order within 6-8 weeks of receiving the application. However, it is important to note that this timeframe can be longer in some cases, especially if there are issues with the application or additional information is required.
After the possession order has been granted, the court will typically give the tenant a further 14 days to vacate the property. If the tenant fails to leave by the specified date, the landlord can apply for a warrant of possession, which allows court bailiffs to physically evict the tenant from the property. The timescales for enforcing the possession order can vary depending on the court’s workload and availability of bailiffs, but in general, this process can take an additional 4-6 weeks.
It is important to note that landlords must follow the correct legal process when seeking possession of their property, including obtaining an accelerated possession order. Failure to do so can result in delays and additional costs, as well as potential legal challenges from the tenant. It is always recommended to seek legal advice before initiating possession proceedings to ensure that the process is carried out correctly and in accordance with the law.
In conclusion, accelerated possession order timescales can vary depending on the court’s workload and efficiency, but in general, landlords can expect to obtain a possession order within 6-8 weeks of applying to the court. By understanding the timescales involved and following the correct legal process, landlords can regain possession of their property quickly and efficiently.