accelerated possession is a legal process in the UK that allows landlords to regain possession of their property quickly and without a court hearing. This process is typically used when tenants have failed to pay rent or have breached their tenancy agreement in some way. In this article, we will discuss what accelerated possession is, how it works, and when it can be used.
What is accelerated possession?
accelerated possession is a type of possession claim that is made under Section 21 of the Housing Act 1988. This section allows landlords to evict tenants without having to prove that they have breached the tenancy agreement. Instead, landlords simply need to give the tenants a two-month notice to leave the property.
How does accelerated possession work?
To start the accelerated possession process, landlords must first serve their tenants with a Section 21 notice. This notice must be in writing and must give the tenants at least two months’ notice to vacate the property. Once the notice period has expired, the landlord can then apply to the court for a possession order.
Unlike other types of possession claims, accelerated possession claims are usually dealt with on paper by a judge, without the need for a court hearing. This makes the process quicker and more cost-effective for landlords, as they do not have to attend court or present any evidence.
When can accelerated possession be used?
accelerated possession can only be used in certain circumstances. Landlords can use accelerated possession if:
– The tenancy is an assured shorthold tenancy
– The fixed term of the tenancy has ended, or there is a break clause in the tenancy agreement
– The landlord has served the tenants with a valid Section 21 notice
– The tenants have not left the property by the end of the notice period
It’s important to note that accelerated possession cannot be used in cases where the tenants have breached the tenancy agreement in some other way, such as failing to pay rent or causing damage to the property. In these cases, landlords will need to use a different type of possession claim, such as a Section 8 notice.
What are the advantages of accelerated possession?
There are several advantages to using accelerated possession. The main advantage is that it is a quick and straightforward process that allows landlords to regain possession of their property without the need for a court hearing. This can save landlords time and money, as they do not have to go through the lengthy and costly process of attending court.
Accelerated possession also provides landlords with certainty, as they can be confident that they will be able to regain possession of their property as long as they have followed the correct procedures. This can be particularly useful in cases where tenants are in arrears or are causing problems, as landlords can quickly take action to regain control of their property.
In addition, accelerated possession is a useful tool for landlords who want to regain possession of their property for legitimate reasons, such as selling the property or moving back in. By using accelerated possession, landlords can ensure that they are able to regain possession of their property in a timely manner, allowing them to move forward with their plans.
In conclusion, accelerated possession is a valuable tool for landlords in the UK who need to regain possession of their property quickly and efficiently. By following the correct procedures and serving tenants with a valid Section 21 notice, landlords can use accelerated possession to evict tenants without the need for a court hearing. This can save landlords time and money, while also providing them with certainty that they will be able to regain possession of their property.