Accelerated possessions - reclaim your property quickly

Some tenants may refuse to leave your property at the end of their tenancy, a problem that is increasingly common. Even at the end of a fixed term tenancy however, the law dictates that a landlord is still required to serve a legal notice on the tenant requiring them to leave the property!

If a tenant refuses to leave a property, one way to ensure they leave the property is to secure a court order for an Accelerated Possession.

Assuming that the paperwork is correct, the accelerated possession procedure enables landlords to bypass the usual Court hearing. This means that it is often possible to obtain an Accelerated Possession Order. This means that the tenant vacates the property within a period set by the Court, which is usually 14 days.

Important note:

  • Not all situations qualify for the accelerated eviction procedure outlined below but there any many alternatives so if you don't think your case qualifies please still get in touch as we can still help.
  • Even if your case does qualify for an accelerated eviction it is wise to consider all your options as an accelerated eviction is not the best choice for every situation.

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If your tenancy is now at an end and your tenants are now refusing to leave, then the first thing that you should do is contact Tenant Evictions UK. All we need initially are the details of the property you require possession of and the details of the tenants you need to evict.Tenant-Evictions.co.uk can do the rest for you, including drafting and serving the required legal documents.

We can also deal with any communications with the Court, serve all the papers and everything else involved in the accelerated possession procedure.

Under the accelerated possession procedure, under the provisions of the Housing Act 1988, you can reclaim your property quickly. This is because at any time after the end of a fixed term tenancy or any time during a periodic tenancy, provided that the tenants have occupied the property for at least six months since the start of the first tenancy agreement. Under the accelerated possession procedure claim, the only proof you need is that the tenancy agreement has ended.

An Accelerated Possession Order is the most efficient way of gaining back your property. You don’t usually have to attend court, but the Judge can make a judgement in your case. This means that you need to make sure all the documents and papers need to be in order. We have a 100% success rate and we can gain an eviction order rapidly, and hassle free, for you.

Important advice - please read
Under no circumstances be drawn in to a bitter row with your tenant(s), however annoyed you may be (or how much rent is outstanding), it is important that you remain calm and act reasonable. Harassing your tenant(s) could land you with a £10,000 fine. Our eviction service removes you from this situation by dealing directly with the court and tenants on your behalf - Request free advice.

What do you need to apply for the Accelerated Possession Order?

• There must be an assured shorthold tenant (the most common type)
• There must be a written tenancy agreement, which began after the 15th January 1989
• There must be a written notice for the tenant, of at least 2 months (in writing) and this notice can not ask the tenant to leave before the end of the fixed-term tenancy.
• There must be a notice served on the tenants under section 48 of the Landlord and Tenant Act 1987 giving the tenants an address in England & Wales where notices may be served.
• If the first tenancy agreement with the tenants is dated between 15 January 1989 and 28 February 1997, a notice (a 'section 20 notice') has been served on the tenants in accordance with of the Housing Act 1988.
• The deposit, if  received after 6 April 2007, must have been paid into a Government-approved tenancy deposit scheme.
• A licence must have been obtained, or applied for, if the property is a house in multiple occupation (HMO) or is located in an area designated for licensing by the local authority.

If your situation does not qualify we have other ways to help you.

If you have already served the tenant notice then we will serve a Section 21 Notice immediately to the tenant on your behalf, which would give the appropriate notice (at least 2 months). The accelerated possession procedure can be started and the application to the Court can be made.

You can then submit the application for accelerated possession. It is essential that all paperwork is correct, because the court will usually make their decision based on whatever paperwork is submitted.

If you are satisfied an Accelerated Possession Order does apply to your situation please contact us so we can start the process on your behalf.

We would ask you to complete the form N5B – claim for possession. We would check details of names and address of your tenant, property address the tenants are to be evicted from, start and end dates of the original fixed term tenancy, date notice was served, served notice period ended (the date you requested they leave by). How does the court decide to grant an accelerated possession order?

Unless the Judge feels that the tenant would experience extreme hardship, the possession usually takes two weeks, or up to six for extenuating circumstances.

When the courts award possession to you using the accelerated possession route, any other costs, such as rent arrears or unpaid deposits will need a separate application. We can often get the cost of the application back from the tenant.

What is the difference between fixed term and periodic tenancy?

A fixed term tenancy will automatically last for an amount of time, and if it rolls over, it will become periodic.

A periodic tenancy, often arising from a fixed term tenancy or established at the outset, often rolls over on a quarterly or bi-annual basis.

What happens after the accelerated possession order?

The accelerated possession procedure enables landlords to bypass the Court hearing and, assuming the paperwork is correct, it is usually possible to obtain an Accelerated Possession Order demanding that the tenant vacate the property within a period set by the Court which is usually 14 days.

If the tenant fails to vacate the property within the period specified by the Accelerated Possession Order, you can apply to the Court for a warrant for bailiffs to evict the tenant on your behalf.

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