If you are a landlord and your tenants are not paying rent or causing significant damage to your property, you may need to take legal action to evict them One option available to landlords in England and Wales is to apply for an accelerated possession order This legal procedure allows landlords to regain possession of their property quickly without the need for a court hearing But how long does it take to get an accelerated possession order?
The time frame for obtaining an accelerated possession order can vary depending on several factors, including the complexity of the case and whether all the necessary documents are in order In general, the process typically takes around 6-8 weeks from start to finish, although it can sometimes be faster or slower depending on the specific circumstances of the case.
The first step in applying for an accelerated possession order is to serve a section 21 notice on the tenants This notice informs the tenants that the landlord wishes to regain possession of the property and gives them a specified period of time to vacate the premises The length of the notice period will depend on the terms of the tenancy agreement and must be at least two months.
Once the notice period has expired and the tenants have not vacated the property, the landlord can then apply to the court for an accelerated possession order The landlord will need to submit a completed claim form, along with evidence that the section 21 notice was served correctly and that the tenancy deposit has been protected in a government-approved scheme.
If the court is satisfied that all the necessary requirements have been met, it will usually grant the landlord an accelerated possession order without the need for a hearing The court will typically issue the order within a few days of receiving the landlord’s application, and the tenants will be given a further 14 days to vacate the property.
Once the accelerated possession order has been granted, the tenants have a legal obligation to leave the property by the specified date accelerated possession order how long. If they fail to do so, the landlord can apply for a warrant of possession, which allows bailiffs to remove the tenants from the property forcibly.
In some cases, the process of obtaining an accelerated possession order can be delayed if the tenants raise a defense against the eviction For example, if the tenants claim that the section 21 notice was not served correctly or that the property is in disrepair, the court may need to hold a hearing to resolve the dispute This can add several weeks or even months to the overall time frame for obtaining the possession order.
It’s also worth noting that the process of evicting tenants can be subject to delays outside the landlord’s control, such as backlogs in the court system or delays in processing paperwork Landlords should therefore be prepared for the possibility that it may take longer than expected to regain possession of their property.
In summary, the time frame for obtaining an accelerated possession order can vary depending on the specific circumstances of the case In general, the process typically takes around 6-8 weeks from start to finish, although it can sometimes be faster or slower Landlords should be aware of the potential delays and be prepared to address any obstacles that may arise during the eviction process
Overall, an accelerated possession order can be a quick and effective way for landlords to regain possession of their property from non-compliant tenants By following the correct procedures and seeking legal advice if necessary, landlords can navigate the eviction process efficiently and lawfully.