The Order for Possession Accelerated Procedure is a legal process used in England and Wales to quickly evict tenants who have failed to vacate a property after their tenancy has ended This procedure is typically used in cases where the tenant has not complied with a Section 21 notice, which is a type of notice that landlords can use to end an assured shorthold tenancy.
The accelerated possession procedure allows landlords to regain possession of their property without the need for a court hearing, making it a quicker and more efficient option for landlords who are dealing with non-compliant tenants However, it is important for landlords to follow the correct procedure and provide the necessary evidence to the court in order to successfully obtain an order for possession.
The first step in the accelerated possession procedure is for the landlord 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 provides them with a minimum of two months’ notice to vacate If the tenant fails to vacate the property by the end of the notice period, the landlord can then apply to the court for an order for possession.
To apply for an order for possession through the accelerated procedure, the landlord must complete a form N5B, which is the standard possession claim form used for accelerated possession cases The landlord must provide details of the tenancy agreement, the date the Section 21 notice was served, and any other relevant information that supports their claim for possession.
Along with the N5B form, the landlord must also submit a copy of the Section 21 notice, the original tenancy agreement, and a witness statement confirming that the Section 21 notice was served on the tenant The landlord must also pay a court fee to file the claim for possession.
Once the court receives the landlord’s claim for possession, a judge will review the documents and evidence provided and decide whether to grant an order for possession order for possession accelerated procedure. If the judge is satisfied that the landlord has followed the correct procedure and provided sufficient evidence, they will issue an order for possession, giving the tenant a specified period of time to vacate the property.
If the tenant fails to vacate the property by the date specified in the order for possession, the landlord can then apply to the court for a warrant of possession This gives the landlord the legal right to instruct bailiffs to evict the tenant from the property if necessary.
It is important for landlords to follow the correct procedure and provide the necessary evidence to the court when applying for an order for possession through the accelerated procedure Failure to do so may result in delays in regaining possession of the property and additional costs for the landlord.
The accelerated possession procedure is a valuable tool for landlords dealing with non-compliant tenants, providing a quicker and more efficient way to regain possession of their property By following the correct procedure and providing the necessary evidence, landlords can successfully obtain an order for possession and regain control of their property without the need for a court hearing.
In conclusion, the Order for Possession Accelerated Procedure is an important legal process that allows landlords in England and Wales to quickly and efficiently evict tenants who have failed to vacate a property after their tenancy has ended By following the correct procedure and providing the necessary evidence, landlords can successfully obtain an order for possession and regain control of their property in a timely manner.