When it comes to seeking possession of a property in England and Wales, landlords often opt for an accelerated possession order to regain control of their property from tenants who are in breach of their tenancy agreement. This legal process allows landlords to bypass the traditional court proceedings and obtain a possession order more quickly. However, it is important for landlords to understand the timescales involved in applying for and obtaining an accelerated possession order.
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 two months’ notice to vacate. It is crucial to ensure that the Section 21 notice is served correctly, as any errors or omissions could result in delays in the possession process.
Once the Section 21 notice has expired, the landlord can then apply to the court for an accelerated possession order. This application is made online through the Possession Claim Online (PCOL) system, which is designed to streamline the process and reduce paperwork. The court will review the application and, if everything is in order, will issue a possession order.
The timescales for obtaining an accelerated possession order can vary depending on a number of factors, including the court’s workload, the complexity of the case, and whether the tenant chooses to defend the possession claim. In general, however, landlords can expect the process to take around 6-8 weeks from serving the Section 21 notice to obtaining the possession order.
It is worth noting that the accelerated possession order process is designed to be quicker and more straightforward than the traditional court proceedings for possession cases. However, landlords should be prepared for the possibility of delays, especially if the tenant raises any issues or disputes the possession claim.
In cases where the tenant contests the possession claim, the court may schedule a hearing to consider the evidence and make a decision. This can add several weeks to the timescales for obtaining a possession order, as the court will need time to review the evidence and hear arguments from both parties.
Landlords should also be aware that accelerated possession orders do not allow for the recovery of rent arrears or damages. If the tenant owes money to the landlord, a separate court claim will need to be made to recover these debts. This can further delay the possession process and add to the timescales involved.
Overall, it is important for landlords to be aware of the timescales involved in obtaining an accelerated possession order and to plan accordingly. By serving the Section 21 notice correctly, submitting a complete and accurate possession claim, and being prepared for any delays that may arise, landlords can increase their chances of obtaining a possession order in a timely manner.
In conclusion, accelerated possession order timescales can vary depending on a range of factors, but landlords can generally expect the process to take around 6-8 weeks from serving the Section 21 notice to obtaining the possession order. By understanding the process and being prepared for any potential delays, landlords can navigate the possession process more effectively and regain control of their property in a timely manner.
Understanding accelerated possession order timescales