What is a accelerated possession claim

Accelerated Possession Procedure: A Swift and Effective Solution

Welcome to our comprehensive guide on the accelerated possession procedure in the United Kingdom. The British Landlords Association understands the urgency and importance of reclaiming possession of your property efficiently and legally. This article will deal with the accelerated possession procedure's eligibility and criteria, step-by-step process, and the benefits it offers landlords. We aim to provide valuable insights and knowledge, empowering you to navigate this legal process confidently.
Understanding the Accelerated Possession Procedure
The accelerated possession procedure is a fast-track route available to landlords seeking to regain possession of their property in England and Wales under an Assured Shorthold Tenancy (AST) agreement. This procedure is specifically designed for situations where the landlord requires possession under the 21 section quickly.
Eligibility for Accelerated Possession
To be eligible for the accelerated possession procedure, certain criteria must be met:
Assured Shorthold Tenancy (AST): The tenancy must fall under the AST framework, the most common type of tenancy in the private rental sector.
Written Tenancy Agreement: A written tenancy agreement must outline the terms and conditions. You will require the accelerated route's 1st and latest written tenancy agreements. If you do not have these or your agreement is an oral agreement, then you should not use the accelerated route.
Compliance: You must ensure you are fully compliant with your obligations and have given your tenant things like EPC, a Gas safety certificate if the let property has gas, a Deposit certificate if you took a deposit, a How to rent guide booklet and a license if a license is required to let.
Proper Notice: The landlord must have served the tenant with a valid Section 21 notice, providing a sufficient notice period as required by law.
England: The property must be located in England.
Step-by-Step Process of Accelerated Possession
Submitting the Claim
Step: 1 Once the notice period specified in the Section 21 notice has expired, you can proceed with submitting a claim for possession to the county court. The following documents are typically required:
Completed Form N5B: This form initiates the accelerated possession procedure.
Supporting Documentation: Attach copies of the tenancy agreement, Section 21 notice, proof of service, tenancy agreements and all the relevant compliance documents. to substantiate your claim.
Step 2: Court Review and Issuance of Possession Order
Upon receiving your claim, the court will review the documentation provided. If everything is in order, the court will issue an Accelerated Possession Order outlining the date the tenant must vacate the premises.
Step 3: Enforcement of Possession Order
If the tenant fails to vacate the property by the specified date, the landlord can seek assistance from court bailiffs to enforce the possession order. The bailiffs will ensure that the property is legally reclaimed and returned to the landlord's possession.
Benefits of the Accelerated Possession Procedure
The accelerated possession procedure offers several benefits to landlords, making it an attractive option for regaining possession of their property swiftly and efficiently. These benefits include:
Speedy Resolution: As the name suggests, the accelerated possession procedure expedites the process, ensuring a quicker resolution than other possession routes.
Minimal Court Hearings: In most cases, the accelerated possession procedure does not require a court hearing, streamlining the process.