When a landlord is faced with a tenant who is not paying rent or causing significant damage to the property, they may need to seek an accelerated possession order to regain control of their property In these situations, time is of the essence, and landlords need to understand the timescales involved in obtaining an accelerated possession order.
What is an Accelerated Possession Order?
An accelerated possession order is a legal process that allows a landlord to evict a tenant without the need for a court hearing This process is typically used when a tenant has breached the terms of their tenancy agreement, such as failing to pay rent or causing damage to the property The accelerated possession order is a quicker and more cost-effective way of evicting a tenant compared to a standard possession order, which involves a court hearing.
Timescales Involved in Obtaining an Accelerated Possession Order
The timescales involved in obtaining an accelerated possession order can vary depending on the specific circumstances of the case However, there are general guidelines that landlords can follow to get an idea of how long the process is likely to take.
Notice Period: Before applying for an accelerated possession order, a landlord must provide their tenant with a notice period The length of this notice period will vary depending on the reason for seeking possession In cases of non-payment of rent, the notice period is typically two weeks For other breaches of the tenancy agreement, such as causing damage to the property, the notice period is usually two months.
Application to the Court: Once the notice period has expired, the landlord can apply to the court for an accelerated possession order The application is made using Form N5B, which must be completed and submitted to the court along with the appropriate fee.
Court Processing Time: After receiving the application, the court will process it and issue a possession order The court processing time can vary depending on the workload of the court and the complexity of the case accelerated possession order timescales. In general, landlords can expect to receive a possession order within 4-6 weeks of submitting their application.
Notice of Possession: Once the possession order has been issued, the tenant will be served with a notice of possession This notice informs the tenant of the date by which they must vacate the property The notice period is typically 14 days from the date the notice of possession is served.
Warrant for Possession: If the tenant fails to vacate the property by the specified date, the landlord can apply for a warrant for possession This allows court bailiffs to evict the tenant from the property In general, landlords can expect to receive a warrant for possession within 2-4 weeks of the notice of possession being served.
Overall, landlords can expect the entire process of obtaining an accelerated possession order to take around 2-4 months from start to finish This timeline can vary depending on the specific circumstances of the case and the efficiency of the court processing times.
Conclusion
Understanding the timescales involved in obtaining an accelerated possession order is essential for landlords who need to regain possession of their property quickly By following the guidelines outlined above, landlords can get a sense of how long the process is likely to take and can plan accordingly While the process can be time-consuming, an accelerated possession order is often the most efficient way to evict a tenant who is breaching the terms of their tenancy agreement
By familiarizing themselves with the timescales involved, landlords can navigate the process with confidence and ensure that they are able to regain control of their property in a timely manner.