An accelerated possession order is a legal process that allows landlords to evict tenants quickly and efficiently in cases where there is no dispute over the possession of the property This can be a useful tool for landlords who need to regain possession of their property for various reasons, such as non-payment of rent or the end of a fixed-term tenancy agreement However, one of the most common questions that landlords have when considering applying for an accelerated possession order is, “How long does the process take?”
The length of time it takes to obtain an accelerated possession order can vary depending on a number of factors, including the complexity of the case and the efficiency of the court system In general, however, the process typically takes around 6-8 weeks from start to finish
The first step in obtaining an accelerated possession order is to serve a Section 21 notice on the tenant This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of 2 months’ notice to vacate Once the notice period has expired, the landlord can then apply to the court for an accelerated possession order.
The court will review the application and, if everything is in order, will issue a possession order without the need for a hearing This can significantly speed up the process compared to the standard possession procedure, which can involve lengthy court hearings and appeals.
Once the possession order has been granted, the tenant will be given a further 14 days to vacate the property If they fail to do so, the landlord can then apply for a warrant of possession, which allows bailiffs to attend the property and evict the tenant if necessary accelerated possession order how long. This final step can add some additional time to the process, but in most cases, the tenant will vacate voluntarily once they receive the possession order.
It’s important to note that the timeline for obtaining an accelerated possession order may be longer in cases where there are mitigating circumstances or where the tenant decides to contest the eviction In these situations, the court may need to hold a hearing to consider the evidence presented by both parties, which can extend the process by several weeks or even months.
Landlords should also be aware that the COVID-19 pandemic has had an impact on court processes, including possession proceedings In response to the pandemic, the government introduced temporary measures to protect tenants from eviction, such as extending notice periods and placing a ban on bailiff-enforced evictions While these measures have now been lifted, there may still be delays in the court system as it works through a backlog of cases.
To help ensure a smooth and efficient process, landlords should make sure that they have all the necessary documentation in order before applying for an accelerated possession order This includes the Section 21 notice, proof of service, and any other relevant evidence to support their case Working with a solicitor who is experienced in possession proceedings can also help to navigate the process and avoid costly delays.
In conclusion, while the timeline for obtaining an accelerated possession order can vary depending on a number of factors, landlords can generally expect the process to take around 6-8 weeks from start to finish By following the correct procedures and providing the necessary documentation, landlords can help to ensure a smooth and efficient process that allows them to regain possession of their property as quickly as possible.