Services
People
News and Events
Other
Blogs

Accelerated Possession Proceedings

View profile for Olivia Lowen
  • Posted
  • Author

Accelerated Possession Proceedings

A landlord can require their tenant to give up possession of their property in two ways: by accelerated possession proceedings, and the standard procedure. This article deals with the accelerated procedure. See here for the standard procedure.

The accelerated procedure can be used where criteria including the below are satisfied:

  • The tenancy is an assured short-hold tenancy in writing

  • The claim is for possession only (i.e. it does not include a claim for anything else such as outstanding rent owed by the tenant)

  • The tenancy and any agreement for the tenancy must have been entered into on/after 15 January 1989

  • The tenancy did not immediately follow an assured tenancy that was not an assured short-hold tenancy

    The tenant must be served with a s.21 notice, and proceedings cannot be issued before the expiry of this notice. The landlord must attach evidence to their claim form that they served the tenant with a valid s.21 notice. It is crucial that notices are served correctly, so it is advisable that a solicitor does it - Neves can help with this.

    The landlord must also attach evidence to their claim form that they had protected the tenant’s deposit with a Tenancy Deposit Scheme. See (insert link) for TDS requirements. The landlord cannot serve a s.21 notice if they have not protected the deposit.

    The tenant has 14 days to respond from the date the court serves them with the landlord’s claim form. On receipt of any defence, the court sends a copy to the landlord and refers the claim to a judge. If the tenant does not respond, a written request for an order for possession can be sent to the court, and the case will be passed to a judge.

The judge will consider the claim and can:

  • Make a possession order without parties’ attendance at any hearing if judge is satisfied that a valid s.21 notice was served and claim form has been served on tenant

  • Fix a hearing date if unsatisfied that the claim form was served/landlord is entitled to possession under s.21

  • Strike out the claim if there are no reasonable grounds for possession

    • If the judge strikes out the claim, the landlord has 28 days to apply to restore the claim from the date of service of the order to strike out

      If a possession order is made it will usually give the tenant 14 days to vacate the property, although this can be extended on application by the tenant to 6 weeks if the tenant can show there are exceptional circumstances warranting this.

      If the tenant does not vacate the property by the date specified in the order, the landlord can apply for a warrant of possession for a bailiff to evict the tenant, which Neves can help with on a fixed fee basis.

 

All information correct at the time of initial publishing 

Comments