An accelerated claim for possession is a legal process used by landlords to regain possession of their property quickly. This process is typically used when a tenant has failed to pay rent or has otherwise breached the terms of their tenancy agreement. Accelerated claims for possession are a useful tool for landlords who need to quickly regain possession of their property without going through the lengthy process of a traditional eviction.
The accelerated claim for possession process is governed by Part 55 of the Civil Procedure Rules in England and Wales. This process allows landlords to apply to the court for a possession order without the need for a court hearing. Instead, the court will consider the landlord’s application based on the written evidence provided.
To begin the accelerated claim for possession process, the landlord must first serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord intends to regain possession of the property and provides the tenant with a minimum of two months’ notice to vacate the premises. If the tenant fails to vacate the property by the specified date, the landlord can then apply to the court for a possession order.
When making an accelerated claim for possession, the landlord must include certain information in their application, such as a copy of the Section 21 notice served on the tenant, details of the tenancy agreement, and evidence that the tenant has failed to vacate the property as required. The court will then review the landlord’s application and, if satisfied that the requirements have been met, will issue a possession order.
Once a possession order has been granted, the tenant will typically have a period of 14 days to vacate the property. If the tenant fails to vacate by the specified date, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant forcibly if necessary.
It is important to note that accelerated claims for possession can only be used in specific circumstances, such as when a tenant has breached the terms of their tenancy agreement or has failed to pay rent. Landlords cannot use this process if the tenant has a fixed-term tenancy agreement that has not expired, or if the tenant is facing discrimination or harassment.
If a landlord wishes to pursue an accelerated claim for possession, it is advisable to seek legal advice to ensure that all requirements are met and that the process is carried out correctly. Failing to follow the correct procedures could result in delays or the application being rejected by the court.
In conclusion, accelerated claims for possession are a valuable tool for landlords who need to quickly regain possession of their property from a non-compliant tenant. By following the correct procedures and providing the necessary evidence, landlords can successfully apply for a possession order through the accelerated claim for possession process. However, it is important to remember that this process is only suitable for specific circumstances and that legal advice should be sought to ensure a successful outcome.