How Accelerated Possession Could Speed Up The Eviction Process
25.02.2013 12:56
An eviction can be a nerve-racking and lengthy process for any person concerned, not just for the renters but likewise for the property owner. The accelerated possession order is one means for landlords to save lots of time considering that it may accelerate an eviction tremendously.

Speeding Up An Eviction With Accelerated Possession

The accelerated possession can make it probable that property owners can get back possession of property more speedily as compared with other sorts of evictions. Landlords take advantage of this type of eviction process if perhaps renters are behind with rent payments and they may be requiring new tenants in the shortest possible time.

Eligibility And Conditions

Not in all cases is this approach to evict possible because conditions must be satisfied to become qualified to apply for it. This is a list of the prerequisites.

Each, renter and landlord must have signed a tenancy agreement.
The tenant concerned is in statutory periodic or assured shorthold tenancy.
Section 21 Notice or equivalent will need to have been issued with the appropriate period of notice.
Accelerated possession is not to be used if the renter happens to be in a fixed term tenancy agreement.
When the tenant moved into the premises after 04 2007, any landlord should have put the tenant's deposits into a Government protected tenancy deposit scheme. Click for a free Section 21 Notice form

To become eligible for accelerated possession, all of those conditions previously mentioned have to be satisfied, or else it won't be possible to obtain it.

The Way It Works

If perhaps the landlord makes an application to the court for the accelerated possession, a renter would be sent a copy of this application, who'll have a time period of two weeks to contest it. After that timeframe has lapsed, the court is going to rule whether to grant the possession order, or hold a hearing. Except when there are errors on the application or other problems which require to be sorted out first, an accelerated possession can be granted.

What Will Happen If An Accelerated Possession Order Is Granted?

After the accelerated possession has been granted, the tenant will have to leave the property within two to four weeks. However, there may be scarce, specific cases where the renter is given additional time.

Things An Accelerated Possession Order Will Not Handle

When a tenant still owes money to the landlord, an accelerated possession will not automatically result in the property owner allowed to claim the money - furthermore, an accelerated possession can't even be granted solely based on outstanding rent payments, this must be taken into consideration.


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