When it comes to evicting tenants who have failed to pay rent or have breached their tenancy agreement, landlords often turn to the order for possession accelerated procedure. This legal process allows landlords to expedite the eviction process and regain possession of their property in a timely manner. In this article, we will take a closer look at the order for possession accelerated procedure and how it works.
The order for possession accelerated procedure is a faster alternative to the traditional court eviction process. It is typically used in cases where the tenant has not responded to a Section 21 notice, which is a notice served by the landlord to terminate the tenancy agreement. This procedure is only available to landlords who are seeking possession of their property on the grounds of the tenancy agreement coming to an end and not because of rent arrears or other breaches of the agreement.
To begin the order for possession accelerated procedure, the landlord must first serve a Section 21 notice to the tenant. This notice informs the tenant that the landlord wishes to regain possession of the property and provides a minimum notice period of two months. If the tenant does not vacate the property by the end of the notice period, the landlord can apply to the court for an order for possession.
When applying for an order for possession through the accelerated procedure, the landlord must complete a specific form called the N5B form. This form requires the landlord to provide details of the tenancy agreement, the Section 21 notice served to the tenant, and any relevant evidence to support the eviction claim. The completed form must be submitted to the court along with a fee, which is currently £355.
Once the court has received the N5B form and fee, they will review the application and issue an order for possession if they are satisfied that the landlord has met all the necessary requirements. It is important to note that the accelerated procedure does not involve a hearing, and the court will usually make a decision based on the paperwork submitted by the landlord.
After the court has issued the order for possession, it will specify a date by which the tenant must vacate the property. If the tenant fails to leave by this date, the landlord can then apply for a warrant of possession, which allows bailiffs to physically remove the tenant from the property.
Overall, the order for possession accelerated procedure offers landlords a quicker and more efficient way to evict tenants who have breached their tenancy agreement. However, it is essential for landlords to ensure that they follow the correct legal process and provide all the necessary documentation to support their eviction claim.
In conclusion, the order for possession accelerated procedure is a valuable tool for landlords seeking to regain possession of their property in a timely manner. By following the correct procedure and providing the necessary evidence, landlords can successfully evict tenants who have failed to comply with their tenancy agreement.