When it comes to dealing with problem tenants, landlords may find themselves in a difficult situation where they need to gain possession of their property as quickly as possible In such cases, an Accelerated Possession Order can be a useful legal tool to expedite the process But just how long does it take to secure an accelerated possession order?
An Accelerated Possession Order is a streamlined procedure for landlords who wish to evict tenants on assured shorthold tenancies without the need for a court hearing This process is typically used when there are no disputes over the tenancy agreement and the tenancy has expired It is important to note that this procedure can only be used in cases where the property was let on an assured shorthold tenancy agreement that started on or after 15th January 1989.
The first step in obtaining an Accelerated Possession Order is serving a Section 21 notice to the tenant This notice informs the tenant that the landlord wishes to regain possession of the property and provides them with a minimum of two months’ notice to vacate The tenant has the right to challenge the Section 21 notice within the first six months of the tenancy, so it is important to ensure that all legal requirements are met when serving the notice.
Once the notice period has expired and the tenant has failed to vacate the property, the landlord can apply to the court for an Accelerated Possession Order The court will review the application and, if everything is in order, issue the order without the need for a hearing This means that the entire process can be completed relatively quickly compared to a standard possession claim, which may involve multiple court hearings and delays.
In most cases, it takes around 6-8 weeks from the date of application to secure an Accelerated Possession Order accelerated possession order how long. However, this timeline can vary depending on the court’s workload and the complexity of the case Landlords should also be aware that if the tenant raises any valid defenses or challenges to the application, the process may take longer as the court will need to consider these before making a decision.
Once the Accelerated Possession Order is granted, the tenant is typically given a two-week deadline to vacate the property If they fail to do so, the landlord can apply for a Warrant for Possession, which authorizes the bailiffs to physically remove the tenant from the property This additional step can take a further 4-6 weeks, depending on the court’s availability and the workload of the bailiff service.
Overall, the entire process of obtaining an Accelerated Possession Order and executing the eviction can take anywhere from 2-4 months While this may seem like a lengthy timeframe, it is often much quicker than pursuing a standard possession claim through the courts, which can take several months to a year to resolve.
Landlords should be mindful of the legal requirements and deadlines involved in obtaining an Accelerated Possession Order to ensure a smooth and timely eviction process It is also advisable to seek legal advice or assistance from a solicitor specializing in landlord and tenant law to ensure that all steps are followed correctly and to avoid any potential delays or complications.
In conclusion, an Accelerated Possession Order can be a valuable tool for landlords seeking to regain possession of their property quickly and efficiently While the process may take a few months to complete, it is generally faster and more straightforward than other methods of eviction By understanding the timelines involved and meeting all legal requirements, landlords can successfully navigate the process and reclaim their property from problem tenants.