As a landlord, one of the most frustrating aspects of renting out a property can be dealing with difficult tenants who refuse to leave when their tenancy agreement has ended. In these situations, landlords often turn to what is known as an accelerated possession order to regain possession of their property. However, many landlords are unsure about the timescales involved in obtaining such an order. In this article, we will discuss everything you need to know about accelerated possession order timescales.
An accelerated possession order is a legal process that allows landlords to evict tenants quickly and without the need for a court hearing. This type of possession order can only be used in certain circumstances, such as when the tenant has failed to leave the property after the fixed-term tenancy has ended or has breached the terms of the tenancy agreement.
The first step in obtaining an accelerated possession order is to serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a specified amount of time to vacate the premises. Once the notice period has expired, the landlord can apply to the court for an accelerated possession order.
The timescales involved in obtaining an accelerated possession order can vary depending on the circumstances of the case and the workload of the court. In general, however, landlords can expect the following timescales:
1. Serving the Section 21 notice: The minimum notice period that landlords must give tenants before applying for an accelerated possession order is two months. However, if the notice period expires and the tenant still refuses to leave, landlords can proceed with the court application.
2. Court application: Once the Section 21 notice has expired, landlords can apply to the court for an accelerated possession order. This application is done online, and landlords can expect to receive a decision within a few weeks.
3. Court order: If the court is satisfied that the landlord has followed the correct procedure and that the tenant has no legal defense, they will issue an accelerated possession order. This order gives the tenant a specified amount of time to vacate the property, usually around 14 days.
4. Bailiff eviction: If the tenant fails to leave the property by the specified date in the accelerated possession order, landlords can apply for a bailiff eviction. The timescales for bailiff evictions can vary depending on the workload of the local bailiff service, but landlords can expect to regain possession of their property within a few weeks.
It is important for landlords to be aware that accelerated possession orders are only suitable for cases where there is no dispute over the tenant’s right to remain in the property. If the tenant has a legitimate reason for staying in the property, such as rent arrears or disrepair, landlords may need to consider other legal options, such as a standard possession order.
In conclusion, accelerated possession order timescales can vary depending on the circumstances of the case and the workload of the court. However, landlords can generally expect to regain possession of their property within a few months of serving the Section 21 notice. By following the correct procedures and seeking legal advice when necessary, landlords can navigate the process of obtaining an accelerated possession order efficiently and effectively.
Understanding accelerated possession order timescales: A Guide for Landlords