As a landlord, dealing with problematic tenants can be a stressful and challenging experience. One of the options available to landlords facing such situations is the accelerated possession claim. This legal process allows landlords to regain possession of their property quickly and efficiently without the need for a court hearing. In this article, we will delve into what accelerated possession claims entail and how landlords can utilize this process effectively.
What is an accelerated possession claim?
An accelerated possession claim is a legal procedure that allows landlords to evict tenants under an assured shorthold tenancy agreement efficiently. This process is used when the tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing a nuisance, and the landlord wishes to regain possession of the property. Unlike standard possession claims, accelerated possession claims do not require a court hearing, making the process quicker and more straightforward.
When Can Landlords Use an accelerated possession claim?
Landlords can only use an accelerated possession claim if certain conditions are met. Firstly, the tenancy agreement must be an assured shorthold tenancy (AST) agreement. This is the most common type of tenancy agreement in the UK and is usually for a fixed term of six or twelve months. Additionally, the landlord must serve the tenant with a valid Section 21 notice, giving them at least two months’ notice to vacate the property.
It is essential to ensure that the Section 21 notice is correctly filled out and served to the tenant as any errors or omissions could result in the claim being thrown out by the court. Landlords should also be aware that they cannot use an accelerated possession claim if the tenant has lodged a complaint about the condition of the property that has not been addressed or if the property requires a license and does not have one.
How to Make an accelerated possession claim
To make an accelerated possession claim, landlords must complete and submit the appropriate forms to the court. The two main forms required for an accelerated possession claim are Form N5B (Claim for Possession of a Property) and Form N215 (Certificate of Service). These forms can be downloaded from the government’s website or obtained from the local county court.
Once the forms have been completed and submitted to the court along with the appropriate fee, the court will review the claim and, if everything is in order, issue an order for possession. This order will specify the date by which the tenant must vacate the property, usually within 14 days of the order being issued.
If the tenant fails to leave the property by the specified date, the landlord can apply for a warrant of possession, which allows bailiffs to remove the tenant from the property forcibly. It is important to note that landlords cannot use force to evict tenants themselves, as this is illegal and can result in criminal prosecution.
Tips for a Successful Accelerated Possession Claim
To increase the chances of a successful accelerated possession claim, landlords should ensure that they have followed all the necessary steps correctly and have filled out the required forms accurately. It is also essential to keep detailed records of all correspondence with the tenant, including the Section 21 notice and any other communications.
Landlords should also be prepared for the possibility of the tenant contesting the claim. In such cases, the court may decide to hold a hearing to determine the outcome of the claim. It is advisable to seek legal advice in these situations to ensure the best possible outcome for the landlord.
In conclusion, accelerated possession claims can be a valuable tool for landlords seeking to regain possession of their property quickly and efficiently. By following the correct procedures and seeking legal advice when necessary, landlords can navigate the process successfully and achieve a positive outcome.