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Accelerated Possession Order

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Forbes Solicitors provide expert legal advice on the accelerated possession orders and accelerated possession procedures. The accelerated possession procedure is designed to enable landlords to regain possession of their property quickly and efficiently. Our experienced team can assist with all aspects of the accelerated possession procedure, from drafting and serving the necessary orders and notices to representing you in court.

What is Accelerated Possession

Accelerated possession is a legal process which allows a tenant to be evicted from a property in a much quicker time frame than usual. This is usually because the tenant is in breach of the tenancy agreement and has failed to comply with the landlord's notices to quit.

There are two main eviction processes: s.21 accelerated procedure - the "no fault" basis; and s.8 standard procedure - the "at fault" basis. The differences are briefly outlined below:

s.21 "Accelerated" Possession Claims

This is the "no fault" ground for seeking possession where the tenant is not in default or in breach of the tenancy agreement. The process is effectively based on (a) the landlord having complied with its statutory obligations, (b) the correct notice having been served and (c) the notice expires no sooner than the end of the contractual fixed term of the tenancy. Providing these conditions have been met, recovering possession should be straightforward.

A s.21 claim does not rely on any breach of the tenancy agreement and similarly does not include a claim for rent arrears if any exist.

The process begins by the landlord giving the tenant a notice in the specified form that the tenancy will end. The content of the notice and the proceedings must be compliant with the relevant legislation. Even minor defects in the paperwork can prevent the court from making an order and significantly delay possession. The notice cannot end the tenancy any earlier than the fixed contractual term and the notice cannot be any shorter than two months. On expiry of the notice, if the tenant has failed to give up possession, then court proceedings will need to be started. Providing that the correct procedure has been used and the tenant does not have a defence to the claim, then the claim will normally be dealt with "on paper" by the judge, without the need for a court hearing. This can result in a relatively quick outcome.

The advantage of the s.21 procedure is:

The Judge will decide the outcome on the paperwork alone if the case is not defended
This procedure usually results in an earlier decision, without the need for a hearing
If done properly, possession will be granted automatically

s.8 "Standard" Possession Claims (rent arrears ground)

This is the "at fault" ground for possession where possession is based on the tenant's default, most commonly non-payment of rent.

If your tenant fails to pay rent in full or on time and the arrears accrue to a minimum level, then it may be possible to serve a s.8 notice seeking possession. Under this process, in order for the court to order possession under mandatory grounds, the tenant must have fallen into a minimum requisite level of rent arrears both by:

The date of the s.8 notice; and
The date of the possession hearing

It is necessary under this procedure to prove to the court that there has been a breach of the tenancy agreement and there is always at least one court hearing.

The advantage of the s.8 procedure is:

Shorter notice period than s.21
The landlord can claim for rent arrears plus interest, as well as possession, in one claim
Fewer s.8 claims are defended

Why choose our accelerated possession solicitors?

Here at Forbes Solicitors our accelerated possession lawyers are dedicated to providing fast and efficient legal services to landlords seeking to regain possession of their property. With years of experience in this area of law, we have a proven track record of success in obtaining possession orders quickly and effectively. We understand the urgency of these matters and work tirelessly to ensure our clients receive the best possible outcome. Our team is highly skilled, knowledgeable, and committed to delivering exceptional results. Choose us for a stress-free and seamless possession process.

Who do our accelerated possession solicitors help?

Our accelerated possession solicitors help landlords who want to regain possession of their property quickly and efficiently.How can our accelerated possession lawyers help?Our accelerated possession lawyers can help landlords regain possession of their property quickly and efficiently. We can assist with serving the correct notice, preparing and submitting the court application, and representing you at the court hearing. Our experienced lawyers can also advise on any potential issues or complications that may arise during the process. We understand the urgency of regaining possession of your property and will work tirelessly to ensure a successful outcome.

Forbes Solicitors provides specialised Accelerated Possession & Standard Possession solicitor services and support to clients nationwide. With offices located in Blackburn, Accrington, Salford, Preston, Manchester, Leeds & London, we are easily accessible. Contact us today to speak with our team.

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FAQs

How long does the accelerated possession process take?

The accelerated possession process typically takes between 6-10 weeks from the date of application to the court. However, the exact timeline can vary depending on the court's workload and any potential delays in the process.

When can I use accelerated possession?

If your tenant has not paid rent. However, you must first serve a Section 21 notice to the tenant, giving them at least two months' notice to vacate the property. If the tenant does not leave after the notice period, you can apply to the court for an accelerated possession order. This process can take around 4-6 weeks and does not require a court hearing.

If your tenant has sublet the property without your permission. However, you must first serve a Section 8 notice to the tenant, giving them 14 days to rectify the breach of the tenancy agreement. If they fail to do so, you can then apply for accelerated possession through the courts. It is important to note that subletting without permission is a breach of the tenancy agreement and can result in eviction.

If your tenant has caused damage to the property. However, you may also be able to claim compensation for the damage through the courts. It is important to provide evidence of the damage and any attempts to resolve the issue with the tenant before seeking possession. The process for accelerated possession remains the same regardless of the reason for seeking possession.

What are the requirements for using accelerated possession?

To use accelerated possession, the landlord must have served a valid Section 21 notice, the tenancy must have ended, and the tenant must have failed to leave the property. The landlord must also provide evidence that the notice was served correctly and that the tenant has not paid rent or breached any other terms of the tenancy agreement. The application must be made to the court and the landlord must provide all necessary documentation.

What happens if my tenant contests the accelerated possession claim?

If the tenant contests the accelerated possession claim, the case will be transferred to the county court for a hearing. The tenant will have the opportunity to present their case and the court will make a decision based on the evidence presented. If the court finds in favour of the tenant, the possession claim will be dismissed and the tenant will be allowed to remain in the property. If the court finds in favour of the landlord, a possession order will be granted and the tenant will be required to vacate the property.

What is the difference between accelerated possession and standard possession?

Accelerated possession is a faster process for landlords to regain possession of their property without a court hearing, but only if the tenant has not disputed the claim. Standard possession involves going to court and can take longer, but allows for a hearing if the tenant disputes the claim. Both processes require the landlord to follow specific legal procedures.