An accelerated possession claim is a legal process that a landlord can use to swiftly regain possession of a property that is being rented out under an assured shorthold tenancy agreement. This procedure is often preferred by landlords as it is usually quicker and less costly than other possession proceedings. In this article, we will explore what an accelerated possession claim is, when it can be used, and how the process works.
When can an accelerated possession claim be used?
An accelerated possession claim can only be used in specific circumstances. Firstly, the tenancy agreement must be an assured shorthold tenancy, which is the most common type of tenancy in the UK. The accelerated possession procedure cannot be used for other types of tenancies, such as regulated tenancies or assured tenancies.
Additionally, the landlord must provide the tenants with a Section 21 notice before making an accelerated possession claim. A Section 21 notice is a legal document that informs the tenants that the landlord intends to regain possession of the property once the tenancy agreement has come to an end. The notice must give the tenants at least two months’ notice and comply with all the legal requirements.
How does the accelerated possession claim process work?
Once the Section 21 notice period has expired, the landlord can apply to the court for an accelerated possession claim. The landlord must complete the necessary court forms, pay the court fees, and provide evidence that the Section 21 notice was served correctly.
The court will then review the evidence provided by the landlord and, if everything is in order, will issue a possession order. This order gives the tenants a set amount of time to vacate the property, usually around 14 days. If the tenants fail to leave by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenants forcibly.
Advantages of an accelerated possession claim
There are several advantages to using an accelerated possession claim to regain possession of a property. Firstly, the process is usually quicker than other possession proceedings, which can often take several months to complete. This means that landlords can regain possession of their property and re-let it to new tenants sooner.
Additionally, accelerated possession claims are typically less expensive than other possession proceedings. The court fees for an accelerated possession claim are lower than those for other types of possession proceedings, and landlords do not usually need to attend a court hearing, saving them time and money.
Furthermore, accelerated possession claims are relatively straightforward and do not require the landlord to prove that the tenants have breached the tenancy agreement. As long as the Section 21 notice was served correctly and the tenancy is an assured shorthold tenancy, the court will usually grant the possession order.
Disadvantages of an accelerated possession claim
While accelerated possession claims offer several advantages, there are also some disadvantages to consider. Firstly, the process is only available for assured shorthold tenancies, so landlords with other types of tenancies will need to use different procedures to regain possession of their property.
Additionally, accelerated possession claims cannot be used if the tenants have raised a valid defence against the eviction, such as disrepair or illegal eviction. In these cases, the landlord may need to use a different type of possession proceeding, which can be more complex and time-consuming.
In conclusion, an accelerated possession claim is a useful tool for landlords who want to quickly and cost-effectively regain possession of a property that is being rented out under an assured shorthold tenancy. By following the correct procedures and providing the necessary evidence, landlords can use the accelerated possession claim process to swiftly remove tenants who have failed to vacate the property after receiving a Section 21 notice.