For landlords faced with problem tenants who refuse to vacate a property, an accelerated possession order can be a useful legal tool to regain possession quickly However, the process of obtaining an accelerated possession order can vary in timescales depending on various factors In this article, we will explore the key elements that influence the timescales involved in securing an accelerated possession order.
An accelerated possession order is a quicker alternative to the standard possession order process, which can be lengthy and costly This type of possession order is typically used in cases where the tenant does not dispute the landlord’s claim for possession and there is no need for a court hearing The accelerated possession order process is governed by Part 55 of the Civil Procedure Rules.
The first step in obtaining an accelerated possession order is to serve a Section 21 notice on the tenant This notice gives the tenant a minimum of two months’ notice to vacate the property Once the notice period has expired, the landlord can then apply to the court for an accelerated possession order.
The timescales involved in obtaining an accelerated possession order can vary depending on the workload of the court and the efficiency of the landlord in submitting the required documentation In general, it can take anywhere from 4 to 8 weeks for a court to process an accelerated possession order application.
To ensure a smooth and timely process, the landlord must correctly complete the court forms and provide all necessary supporting documents, such as the Section 21 notice, the tenancy agreement, and proof of service of the notice on the tenant Any errors or omissions in the paperwork can lead to delays in obtaining the possession order.
Once the court receives the accelerated possession order application, it will review the documents and, if everything is in order, issue the possession order accelerated possession order timescales. The possession order will specify the date by which the tenant must vacate the property, usually within 14 to 28 days of the order being granted.
It is important for landlords to note that the accelerated possession order process does not guarantee immediate possession of the property If the tenant fails to vacate by the specified date, the landlord will need to apply for a warrant of possession to have the tenant forcibly removed from the property by bailiffs This additional step can further delay the possession process.
In some cases, tenants may contest the accelerated possession order application, which can lead to delays in obtaining the possession order If the tenant raises a legitimate defense, the court may schedule a hearing to determine the validity of the landlord’s claim for possession This can prolong the possession process by several weeks or even months.
Landlords should also be aware that the current backlog of cases in the court system due to the COVID-19 pandemic has led to further delays in processing accelerated possession order applications Courts are prioritizing urgent cases, such as those involving serious rent arrears or anti-social behavior, which means that non-urgent possession cases may face longer waiting times.
In conclusion, the timescales involved in obtaining an accelerated possession order can vary depending on a range of factors, including the efficiency of the landlord in submitting the required documentation, the workload of the court, and any potential challenges from the tenant Landlords should be prepared for potential delays in the possession process and ensure that they follow the correct procedures to expedite the process as much as possible.