If you are a landlord facing the challenge of evicting a tenant, you may have come across the term “accelerated possession order.” This legal process allows landlords to quickly and efficiently regain possession of their property from a tenant who has breached the terms of their tenancy agreement One of the most common questions landlords have is: How long does it take to obtain an accelerated possession order? In this article, we will delve into the intricacies of the accelerated possession order process and provide a detailed timeline of how long it typically takes.
Before we dive into the timeline, let’s first understand what an accelerated possession order is An accelerated possession order is a type of court order that allows landlords to regain possession of their property without the need for a court hearing This makes the process faster and more cost-effective compared to the traditional court route Landlords can apply for an accelerated possession order if they have served the correct notice to the tenant and the tenant has not complied with the terms of the notice.
To apply for an accelerated possession order, landlords must first serve a Section 21 notice to their tenant, which gives the tenant a minimum of two months’ notice to vacate the property Once the notice period has expired and the tenant has failed to leave the property, landlords can then fill out the necessary court forms and submit them to the court along with the applicable fee.
The timeline for obtaining an accelerated possession order typically follows the following steps:
1 Submission of Court Forms: Once the landlord has filled out the necessary court forms, they must submit them to the court along with the applicable fee The court will then process the forms and issue a notice to the tenant.
2 Service of Court Documents: The court will serve the relevant court documents to the tenant, including a copy of the landlord’s claim form and a defence form The tenant will have a specified period to respond to the court.
3 accelerated possession order how long. Judge’s Decision: In accelerated possession order cases, there is no need for a court hearing unless the tenant decides to dispute the claim If the tenant does not respond to the court within the specified period, the judge may issue a possession order without a hearing.
4 Possession Order Issued: If the judge decides in favor of the landlord, they will issue a possession order stating when the tenant must vacate the property The tenant will have a minimum of 14 days from the date of the possession order to leave the property voluntarily.
5 Eviction by Bailiffs: If the tenant fails to vacate the property by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant forcibly The timeframe for the eviction by bailiffs can vary depending on the court’s schedule and availability of bailiffs.
In general, the entire process of obtaining an accelerated possession order can take anywhere from 6 to 10 weeks, depending on various factors such as the court’s workload, the tenant’s response time, and any potential delays in the process It is essential for landlords to follow the correct procedure and provide all the necessary documentation to expedite the process and avoid any unnecessary delays.
In conclusion, an accelerated possession order is a valuable tool for landlords seeking to regain possession of their property from non-compliant tenants While the process can vary in length depending on various factors, landlords can typically expect to obtain an accelerated possession order within 6 to 10 weeks from the initial submission of court forms By following the correct procedure and providing all the necessary documentation, landlords can streamline the process and reclaim their property in a timely and efficient manner.
With the accelerated possession order process now demystified, landlords can approach the eviction process with confidence and clarity, knowing how long it typically takes to obtain a possession order and regain control of their property.