As a landlord, dealing with troublesome tenants can be a challenging and time-consuming process. Whether they are failing to pay rent on time, causing damage to the property, or engaging in illegal activities, sometimes the only solution is to regain possession of your property through a legal process known as an accelerated possession claim.
What is an accelerated possession claim?
An accelerated possession claim is a legal process that allows landlords to seek possession of their property from tenants who have breached the terms of their tenancy agreement. This can include failing to pay rent, causing damage to the property, or engaging in anti-social behaviour.
Unlike a standard possession claim, which can be a lengthy and costly process, an accelerated possession claim is typically quicker and more straightforward. This is because it is used in cases where there is no dispute over the landlord’s right to possession and the tenant has not raised any valid legal defenses.
How does an accelerated possession claim work?
To initiate an accelerated possession claim, a landlord must first serve the tenant with a Section 21 notice. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of two months’ notice to vacate. Once this notice period has expired, the landlord can then apply to the court for an accelerated possession order.
The court will review the landlord’s application and, if satisfied that all the necessary requirements have been met, will issue an accelerated possession order. This gives the tenant a further 14 days to vacate the property voluntarily. If the tenant fails to do so, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant.
It is important to note that an accelerated possession claim can only be used for properties that are let under an assured shorthold tenancy agreement and where a valid Section 21 notice has been served. It cannot be used in cases where the tenant has raised valid legal defenses, such as disrepair or harassment by the landlord.
Why should landlords consider an accelerated possession claim?
There are several benefits to using an accelerated possession claim to regain possession of your property. Firstly, it is a quicker and more efficient process than a standard possession claim, allowing you to regain possession of your property in a shorter timeframe.
Secondly, it is typically less costly than a standard possession claim, as there is no need for a court hearing unless the tenant raises a valid legal defense. This means that landlords can save both time and money when seeking possession of their property.
Finally, an accelerated possession claim can provide landlords with peace of mind, knowing that they have a legal remedy available to them in cases where tenants are breaching the terms of their tenancy agreement. By following the correct legal process, landlords can ensure that they are acting within the law and protecting their rights as property owners.
In conclusion, an accelerated possession claim can be a valuable tool for landlords seeking to regain possession of their property from troublesome tenants. By following the correct legal process and serving a valid Section 21 notice, landlords can efficiently and cost-effectively remove tenants who are breaching the terms of their tenancy agreement. If you are a landlord facing difficulties with your tenants, an accelerated possession claim may be the solution you need to reclaim your property and protect your investment.