If you are a landlord dealing with problematic tenants who are not paying rent or causing damage to your property, you may find yourself in a situation where you need to gain possession of your property as quickly as possible. In such cases, an accelerated possession claim could be the solution you are looking for.
An accelerated possession claim is a legal process that allows landlords to regain possession of their property without the need for a court hearing. This process is often faster and more cost-effective than the traditional route of going to court.
Here’s everything you need to know about accelerated possession claims:
1. Grounds for accelerated possession claims
Accelerated possession claims can only be used in cases where there is no dispute about the grounds for possession. This means that the tenant must have either reached the end of their tenancy agreement or breached the terms of the tenancy, such as not paying rent or causing damage to the property.
2. Serving a Section 21 Notice
In order to start the accelerated possession claim process, landlords must first serve their tenants with a Section 21 notice. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of two months’ notice to vacate.
It is important to ensure that the Section 21 notice is served correctly, as any mistakes could lead to delays in the possession process.
3. Applying for Accelerated Possession
Once the two-month notice period has expired and the tenant has not vacated the property, the landlord can apply to the court for an accelerated possession order. This can be done using form N5B, which must be accompanied by a copy of the Section 21 notice and proof that the tenant has received it.
4. Court Processing
Once the court receives the application, they will review the documents and, if everything is in order, issue an order for possession. This process typically takes around 4-6 weeks from the date of application, making it much quicker than the traditional court route.
5. Possession Order
Once the possession order has been granted, the tenant will be given a date by which they must vacate the property. If they fail to do so, the landlord can then apply for a warrant of possession, which gives bailiffs the authority to remove the tenant from the property.
6. Cost of accelerated possession claims
One of the advantages of accelerated possession claims is that they are often more cost-effective than going to court. The court fee for filing an accelerated possession claim is currently £355, compared to the fees for a traditional possession claim, which can be much higher.
However, landlords should be aware that there may be additional costs involved, such as legal fees or bailiff fees if the tenant refuses to leave the property.
7. Risks of accelerated possession claims
While accelerated possession claims can be a quick and efficient way to regain possession of your property, there are still risks involved. If there are any mistakes in the paperwork or the Section 21 notice is deemed invalid, the court may reject the application, leading to delays in the possession process.
It is important for landlords to ensure they follow the correct procedures and seek legal advice if they are unsure about any aspect of the accelerated possession claim process.
In conclusion, accelerated possession claims can be a valuable tool for landlords looking to regain possession of their property quickly and efficiently. By following the correct procedures and ensuring all paperwork is in order, landlords can navigate the process successfully and regain control of their property.