Silverman Sherliker Launches New Service for Landlords

What is Accelerated Possession?

This procedure is an inexpensive, fast-track method for landlords to gain accelerated possession of their property without the need for a Court hearing.

The traditional procedure to evict tenants involves a lengthy and costly application to the Court for a possession order.

In contrast, the new accelerated possession procedure enables landlords to bypass the Court hearing. Assuming the paperwork is correct, it is usually possible to obtain an Accelerated Possession Order demanding that the tenant vacate the property within a period set by the Court, which is usually 14 days.

First, a Section 21 Notice in the correct form needs to be served on the tenant, giving at least two months’ notice. Then the accelerated possession procedure can be started and the application to the Court can be made.

Criteria to be Fulfilled

Here is a list of the basic criteria necessary in order to bring success accelerated possession proceedings:

• You must be a private landlord (not a local authority or housing association).
• The Tenancy Agreement must have started after 15th January 1989.
• You must have let the property using a written Assured Shorthold Tenancy agreement.
• For a House in Multiple Occupation (HMO), you must be licensed under the Housing Act 2004.
• If the tenancy agreement was renewed or issued after 6th April 2007, the deposit must have been protected and paid into a government-approved tenancy deposit scheme, and the tenant notified where the deposit was held.
• The tenants must have occupied the property for at least six months.
• Any fixed term must have come to an end, unless a break clause allows you to bring the tenancy to an end earlier.
• The accelerated possession procedure cannot be used to evict tenants who satisfy the agricultural worker condition definition, as set out in Schedule 3 of the Housing Act 1988. If one of your tenants is employed in agriculture, whether full time or under a permit, then the agricultural worker condition may apply.
• You must have served a valid notice on the tenants in compliance with Section 21 of the Housing Act 1988 (a Section 21 Notice).  
• You must be able to prove that the Section 21 Notice has been properly re-served – we advise against service by post and prefer to use trusted Process Servers who will prepare an Affidavit of Service for Court use.
• The Section 21 Notice must have expired.

The Accelerated Possession Procedure in Detail

Assuming that a valid Section 21 Notice has been served on the tenant, the accelerated possession proceedings can begin. The Court application should be drafted and filed in the County Court for the district in which the property in question is situated.

The Court application must then be served on the tenant(s). If the tenant(s) disputes the claim in any way, they will have 14 days to file a defence from the date they are served with the Court application.

However, if the case is well-founded and the paperwork is correct, there will be no defence available to the accelerated possession proceedings.

This means that even if the tenant has a genuine complaint, the landlord will still be entitled to possession.

The judge will then deal with the matter without a hearing, and will make an Accelerated Possession Order if satisfied with the paperwork.

Once the Accelerated Possession Order is made, this will need to be served on the tenants, formally giving them 14 days to vacate the property. If they fail to do so, an application can then be made to the Court for a warrant for bailiffs to evict them on your behalf.

Visit www.acceleratedpossession.com or call us on +44 (0)20 7749 2700