Landlords often find themselves in situations where they need to take back possession of their property from tenants who are not abiding by the terms of their tenancy agreement. In such cases, the accelerated claim for possession process can be a useful tool to expedite the eviction process. This article will explore what accelerated possession claims are, how they work, and the steps involved in making a successful claim.
What is an Accelerated Claim for Possession?
An accelerated claim for possession is a legal procedure that allows landlords to regain possession of their property without the need for a court hearing. This process is applicable in cases where the tenant has breached the terms of their tenancy agreement, such as failure to pay rent or other violations. Unlike the standard possession claim, which involves a court hearing and can be time-consuming, the accelerated claim for possession is a quicker and more straightforward process.
How Does the Process Work?
To start the accelerated claim for possession process, the landlord must serve a Section 21 notice to the tenant. This notice informs the tenant that the landlord is seeking possession of the property and provides a minimum of two months’ notice to vacate. Once the notice period has expired, the landlord can then apply for an accelerated possession order through the court.
The accelerated possession order is a legal document issued by the court that directs the tenant to vacate the property by a specified date. Unlike the standard possession order, which requires a court hearing, the accelerated possession order is typically granted based on the paperwork submitted by the landlord. This makes the process faster and more cost-effective for landlords.
Steps to Making a Successful Claim
1. Serve a Section 21 Notice: The first step in the accelerated possession process is to serve the tenant with a Section 21 notice. This notice must be in writing and clearly state the landlord’s intention to seek possession of the property. The notice must also give the tenant a minimum of two months’ notice to vacate.
2. Complete the Court Forms: Once the Section 21 notice period has expired, the landlord can proceed with filing a claim for possession with the court. This involves completing the necessary court forms, including Form N5B (accelerated possession claim form) and Form N215 (certificate of service).
3. Submit the Paperwork to the Court: The landlord must submit the completed court forms, along with the Section 21 notice and proof of service, to the court. The court will then review the paperwork and decide whether to issue an accelerated possession order.
4. Obtain the Accelerated Possession Order: If the court is satisfied with the landlord’s claim, they will issue an accelerated possession order. This order will specify the date by which the tenant must vacate the property. If the tenant fails to leave by the specified date, the landlord can then apply for a bailiff to evict the tenant.
Benefits of Accelerated Claim for Possession
There are several benefits to using the accelerated claim for possession process. Firstly, it is a quicker and more efficient way to evict tenants who have breached their tenancy agreement. Unlike the standard possession claim, which can take months to resolve, the accelerated possession process can be completed in a matter of weeks.
Secondly, the accelerated possession process is more straightforward and cost-effective for landlords. Because it does not require a court hearing, landlords can save time and money on legal fees and court costs. This makes it a more attractive option for landlords who want to regain possession of their property quickly and with minimal hassle.
In conclusion, the accelerated claim for possession process is a valuable tool for landlords who need to evict tenants who have breached their tenancy agreement. By following the steps outlined in this article, landlords can navigate the process successfully and regain possession of their property in a timely manner.