If you are a Landlord struggling to regain possession of your property, the temptation can be to follow the “Accelerated Procedure” route which, all being well, will result in you achieving an Order for Possession more promptly than if you were to follow the standard possession procedure.
Generally, the accelerated procedure allows for an Order for Possession to be awarded without the need for the parties to attend a Hearing. Provided a Landlord has served a valid Section 21 Notice and does not wish to make any claim for rent arrears, the accelerated procedure can be utilised. Once the Claim Form for Possession has been filed at Court and then served by the Court upon the Tenant, the Tenant has 14 days within which to respond. Following that period, the Claim for Possession will be reviewed by a Judge who can grant an Order for Possession in 14 to 28 days without the need for a Hearing. This is clearly a streamlined and time-saving approach.
However, things can turn quickly in a claim for possession, even through the accelerated procedure route and, if the Tenant files a Defence, the Judge may list the matter for a Hearing in any event.
Provided that the Landlord has properly served the Section 21 Notice and there are no errors or omissions on the Claim Form for Possession, it is likely that, even if the matter were decided at a Hearing, the Landlord would still obtain their Order for Possession. However, if such Order would put the Tenant in exceptional hardship, the Judge can give them up to 42 days within which to vacate the property. In the circumstances, whilst if a Tenant does not respond to the Claim for Possession the accelerated procedure can be dealt with swiftly and result in an Order for Possession in 14 to 28 days (from the Judge reviewing the claim), if they do file a Defence considerable delays can be incurred in waiting for the Hearing date and, thereafter, the Tenant being given up to 6 weeks further (from the date of the Hearing) to move out.
Having said that, even if the accelerated procedure is not successful in achieving a more timely Order for Possession, it is certainly no slower than the standard procedure and, if a Landlord is satisfied that they have been compliant with the rules and that the Section 21 Notice is valid, there is really no reason why they would not pursue the accelerated procedure route, unless they wish to pursue a claim in respect of rent arrears.
Our Janine Griffiths is a specialist Solicitor in Residential Landlord and Tenant Law and can advise you of the appropriate route by which to obtain possession, and assist you every step of the way in getting your property back.
Contact Janine by email at [email protected] or phone 02920 470909.