The order for possession accelerated procedure is a legal process that allows landlords to quickly regain possession of their property in cases where the tenant has failed to pay rent or has breached the terms of the tenancy agreement. This procedure is designed to provide a more efficient and cost-effective way for landlords to deal with problematic tenants, allowing them to regain possession of their property in a timely manner.
The order for possession accelerated procedure is governed by the Housing Act 1988 and is available to landlords who have assured shorthold tenancy agreements with their tenants. In order to qualify for the accelerated possession procedure, landlords must have served their tenants with a valid Section 21 notice, giving the tenant at least two months’ notice to vacate the property.
Once the Section 21 notice has expired and the tenant has failed to vacate the property, the landlord can apply to the court for an order for possession using the accelerated possession procedure. This procedure is typically faster and less expensive than other possession procedures, making it an attractive option for landlords looking to regain possession of their property quickly.
In order to apply for an order for possession using the accelerated possession procedure, landlords must fill out the necessary court forms and provide evidence that they have followed all the legal procedures required to regain possession of their property. This may include providing proof that the Section 21 notice was served correctly and that the tenant has failed to vacate the property within the specified time frame.
Once the court has received the application for an order for possession, they will typically review the case and, if everything is in order, grant the landlord possession of the property. The accelerated possession procedure does not usually require a hearing, which further speeds up the process and reduces costs for the landlord.
It is important to note that the accelerated possession procedure is only available in cases where the tenant has failed to vacate the property after receiving a valid Section 21 notice. If the tenant disputes the possession order or has a valid reason for not vacating the property, the case may need to go to court for a hearing, which can lead to delays and increased costs for the landlord.
Landlords should also be aware that the accelerated possession procedure does not allow them to recover any unpaid rent or damages from the tenant. If the tenant owes money to the landlord, a separate court process may be required to recover these debts.
Overall, the order for possession accelerated procedure is a useful tool for landlords who need to regain possession of their property quickly and efficiently. By following the correct legal procedures and providing the necessary evidence, landlords can use this procedure to swiftly remove problematic tenants from their property and regain control of their investment.
In conclusion, the order for possession accelerated procedure provides landlords with a streamlined and cost-effective way to regain possession of their property in cases where the tenant has failed to vacate after receiving a Section 21 notice. By following the correct legal procedures and providing the necessary evidence, landlords can use this procedure to quickly and efficiently remove problematic tenants from their property.