When it comes to renting out property, landlords can often find themselves in difficult situations when tenants fail to comply with the terms of their tenancy agreement. One such situation that may arise is when a landlord needs to regain possession of their property promptly. In cases like this, accelerated possession can be a useful legal remedy.
accelerated possession is a fast-track procedure available to landlords who wish to regain possession of their property without the need for a court hearing. This process is typically used in situations where the tenant has breached the terms of their tenancy agreement, such as failing to pay rent or causing damage to the property.
To start the accelerated possession process, landlords must first serve their tenants with a section 21 notice. This notice informs the tenant that the landlord intends to regain possession of the property and provides a minimum of two months’ notice for the tenant to vacate the premises. It is essential for landlords to ensure that the section 21 notice is served correctly, as any mistakes can delay the possession proceedings.
Once the two-month notice period has elapsed, landlords can then apply to the court for an accelerated possession order. This application must be accompanied by specific documents, including a copy of the section 21 notice, the tenancy agreement, and evidence that the required notice period has been given to the tenant.
The court will review the landlord’s application and, if everything is in order, will issue an accelerated possession order. This order gives the tenant a specific date by which they must vacate the property, typically within 14 days of the order being made. If the tenant fails to leave by the specified date, the landlord can then apply for a warrant of possession, which authorizes court bailiffs to evict the tenant forcibly.
One of the main advantages of accelerated possession is its speed. Compared to other possession procedures, accelerated possession is a much quicker and more straightforward process. This can be particularly beneficial for landlords who need to regain possession of their property promptly, such as when they wish to sell the property or move back in themselves.
Another advantage of accelerated possession is that it is relatively inexpensive compared to other possession procedures. While there are still some court fees involved, the overall cost of going through accelerated possession is generally lower than other legal options.
However, it is essential for landlords to be aware that accelerated possession is not suitable for all situations. For example, if the tenant has not breached their tenancy agreement but the landlord still wishes to regain possession of the property, accelerated possession may not be the best course of action. In such cases, landlords may need to explore other legal options, such as a section 8 notice for possession based on grounds for eviction.
Additionally, accelerated possession is not available for properties in Wales or properties with assured shorthold tenancies that started before October 1, 2015. In these cases, landlords will need to follow different possession procedures specific to Wales or the older tenancy agreements.
In conclusion, accelerated possession can be a useful tool for landlords looking to regain possession of their property quickly and efficiently. By following the correct procedures and ensuring that all documentation is in order, landlords can make use of accelerated possession to resolve tenancy disputes and regain control of their property.