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Accelerated Possession

Accelerated Possession Procedure

What is accelerated possession procedure and how to get an accelerated possession order? This guide explains all about private tenant eviction using the accelerated possession procedure.

ACCELERATED POSSESSION: In some cases tenants can get evicted from a private tenancy without the need for a court hearing.

That means landlords can evict tenants using the quicker 'accelerated possession procedure'. But, a landlord can only do this if:

• You have a written tenancy agreement with your landlord.
• You have an assured shorthold tenancy (AST) or a statutory periodic tenancy (SPT).
• They give you the proper written notice in the correct form (minimum 2 month notice).
• You are not asked you to leave before the end of a fixed term tenancy.

Accelerated possession procedure can occur if you are an assured shorthold tenant (AST) and get served with a Section 21 notice.

Note: You cannot stop accelerated possession unless you can prove your landlord did not follow these rules.

How to do Accelerated Possession

What happens if your landlord applies to the court and applies for accelerated possession? In this case the court would send you a copy of the accelerated possession application form.

You may challenge the application but you must make your challenge within 14 days of receiving it.

A court judge then decides whether to:

  1. Issue a possession order. That gives your landlord the right to evict you and take possession of the property. This ruling happens in most cases of accelerated possession.
  2. Set for a court hearing. As a rule this only happens if:
    1. There is a problem due to incorrect paperwork.
    2. You raised an important issue that needs further consideration.

Note: The court judge can still issue a possession order even when there is a hearing.

What if the Judge Issues a Possession Order?

How long does accelerated possession take? The judge grants possession orders to landlords in most of these cases. That means you could have either 14 or 28 days to leave the property.

In extreme hardship cases the judge may grant the tenant up to 42 days to leave. Failing to leave means your landlord can use bailiffs to evict you from the property.

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Accelerated Possession Procedure for Private Renting Eviction; UK Rules Updated 2017