An accelerated claim for possession is a legal process that allows a landlord to regain possession of their property quickly without a full court hearing. This procedure is typically used in cases where the tenant has failed to pay rent or has breached the terms of their tenancy agreement. Accelerated claims for possession are governed by the Accelerated Possession Procedure, which is set out in Part 55 of the Civil Procedure Rules.
In order to commence an accelerated claim for possession, the landlord must serve a Section 21 notice on the tenant. This notice informs the tenant that the landlord intends to seek possession of the property and provides them with a minimum of two months’ notice to vacate the premises. It is important to note that a Section 21 notice can only be used in cases where the tenancy is an assured shorthold tenancy and the fixed term has ended.
Once the Section 21 notice has expired, the landlord can proceed with the accelerated possession claim by filing the necessary paperwork with the court. The landlord must submit a completed claim form, along with a witness statement and evidence of service of the Section 21 notice. The court will then issue an order for possession if the landlord has followed the correct procedures.
The accelerated possession claim is considered by a judge based on the paperwork submitted by the landlord. There is no hearing, and the decision is usually made quickly. If the judge grants the possession order, the tenant will be given a date by which they must vacate the property. If the tenant fails to leave by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant.
One of the key advantages of the accelerated possession procedure is its speed. Unlike traditional possession proceedings, which can take several months to resolve, an accelerated claim for possession can often be concluded within a matter of weeks. This can be particularly beneficial for landlords who are dealing with problem tenants or who need to regain possession of their property quickly for other reasons.
Another advantage of the accelerated possession procedure is that it is relatively straightforward and inexpensive. As there is no court hearing, the costs involved are generally lower than in other types of possession claims. This can make the process more accessible for landlords who may not have the resources to pursue a traditional court case.
However, it is important to note that the accelerated possession procedure is not suitable for all cases. Landlords may not be able to use this process if the tenant has raised a valid defence or if there are other disputes that need to be resolved. In such situations, the landlord may need to pursue a standard possession claim through the courts.
It is also worth noting that landlords must follow the correct procedures when using the accelerated possession procedure. Any mistakes or errors in the paperwork can result in delays or even the dismissal of the claim. It is therefore important for landlords to seek legal advice and ensure that they are complying with all the necessary requirements.
In conclusion, an accelerated claim for possession can be a valuable tool for landlords who need to regain possession of their property quickly and efficiently. By following the correct procedures and seeking legal advice where necessary, landlords can use this process to deal with problem tenants and protect their investment.