What is an Accelerated Possession Order? A Landlord’s Guide
Evicting a tenant is not a task to be taken lightly. It can be a time-consuming and stressful process, but sometimes it is necessary to take back your property. This is where an accelerated possession order can come in handy. In this article, we’ll explain what an accelerated possession order is, when it can be used, and how to apply for one.
What is an Accelerated Possession Order?
An accelerated possession order is a legal procedure that allows a landlord to evict a tenant from their property without the need for a court hearing. This process is only available for properties in England and Wales that are let under an Assured Shorthold Tenancy (AST) agreement. It is a faster and more straightforward method of regaining possession of your property compared to a standard possession order, which requires a court hearing.
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When Can You Apply for an Accelerated Possession Order?
To apply for an accelerated possession order, you must meet certain criteria. Firstly, you must have given your tenant a notice to quit, which can be given for a variety of reasons such as rent arrears or breach of the tenancy agreement. Secondly, the fixed term of the tenancy must have ended, or you must have a break clause that can be activated. Finally, you must have followed the correct legal procedures for serving notice and protecting the tenant’s deposit.
How to Apply for an Accelerated Possession Order
Applying for an accelerated possession order is a relatively straightforward process. You will need to fill out an N5B form, which can be downloaded from the government website or obtained from a county court. You will need to provide details of the tenancy agreement, the reason for eviction, and evidence that you have followed the correct legal procedures. You will also need to pay a fee, which varies depending on the value of the property.
What Happens After Applying for an Accelerated Possession Order?
Once you have submitted your N5B form, the court will review it and may ask for additional information. If everything is in order, they will issue an order for possession. The tenant will be given a notice period of 14 days to leave the property voluntarily. If they do not leave, you can apply for a warrant of possession, which allows you to instruct bailiffs to remove the tenant.
Conclusion
In summary, an accelerated possession order can be a useful tool for landlords who need to regain possession of their property quickly and efficiently. However, it is essential to follow the correct legal procedures and ensure that you have a valid reason for eviction. If you are considering applying for an accelerated possession order, we recommend seeking legal advice to ensure that you have a solid case.
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