As a landlord, you may be faced with the difficult situation of having to evict a tenant who is not paying rent or violating other terms of their tenancy agreement. In such cases, an Accelerated Possession Order (APO) may be the quickest and most effective way to regain possession of your property. However, you may be wondering how long the APO process can take and what factors can affect the timeline. In this blog post, we’ll provide you with a clear understanding of the APO process and how long it can take, as well as tips for speeding up the process and what to do if it takes longer than expected.

What is an Accelerated Possession Order?

An APO is a type of possession order that allows landlords to regain possession of their property without the need for a court hearing. It is typically used in cases where the tenant has not paid rent or has breached other terms of the tenancy agreement. An APO differs from a standard possession order in that it is faster and simpler, as long as certain criteria are met.

To be eligible for an APO, the tenancy must be an Assured Shorthold Tenancy (AST) and the tenant must have at least 2 months’ rent arrears or have breached other terms of the tenancy agreement. Additionally, the landlord must have given the tenant at least 2 months’ notice to vacate the property.

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How Long Does an Accelerated Possession Order Take?

The APO process typically consists of four stages:

1. Issuing the Section 21 Notice: The landlord must give the tenant at least 2 months’ notice to vacate the property. This notice can be served at any time after the fixed term of the tenancy has ended.
2. Applying for the Accelerated Possession Order: Once the notice period has expired, the landlord can apply to the court for an APO. This usually takes around 4-6 weeks.
3. Obtaining the Possession Order: If the court is satisfied that the landlord has met all the criteria for an APO, it will grant a possession order. This typically takes around 2-4 weeks.
4. Eviction: If the tenant does not vacate the property by the date specified in the possession order, the landlord can apply to the court for a warrant of possession. This typically takes around 2-4 weeks.

Overall, the APO process can take between 8-16 weeks, depending on various factors such as court backlogs and the efficiency of the landlord’s preparation.

Tips for Speeding Up the Accelerated Possession Order Process

To ensure that the APO process runs as smoothly and quickly as possible, landlords can take the following steps:

1. Ensure that all paperwork is complete and accurate, including the Section 21 Notice and the possession claim form.
2. Serve the Section 21 Notice as soon as possible, as the notice period cannot begin until it has been served.
3. Provide evidence of the tenant’s breach of the tenancy agreement, such as records of rent arrears or copies of correspondence.
4. Respond promptly to any requests for information or documentation from the court.
5. Seek legal advice if you are unsure of any aspect of the APO process.

What to Do If the Accelerated Possession Order Takes Longer Than Expected

Despite best efforts, delays can occur in the APO process. If you experience delays, you can seek help and guidance by:

1. Contacting a legal professional for advice and representation.
2. Seeking mediation to resolve any disputes with the tenant.
3. Requesting an update from the court on the progress of your case.

In conclusion, an APO can be an effective way for landlords to regain possession of their property when a tenant is not complying with the terms of their tenancy agreement. However, it is important to understand the APO process and the factors that can affect the timeline. By following the tips provided in this blog post and seeking help if necessary, you can help to speed up the APO process and minimise any delays.

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