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:
- 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.
- Set for a court hearing. As a rule this only happens if:
- There is a problem due to incorrect paperwork.
- 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.
ALSO IN THIS SECTION
Housing and Local Services: Information on local government housing rules and regional services.
Emergency Council Housing: How to get emergency housing if you are homeless in the United Kingdom.
Landlord Harassment: Advice for dealing with harassment and illegal evictions by private landlords.
Housing Association Eviction: The eviction procedures of council or housing association tenants.
Eviction Process for Private Renting: What is the eviction process for private tenants in the UK?
Court Hearing for Tenant Eviction: How does a court possession hearing proceed in England?
House Repossession Process: A guide explaining the legal process of house repossessions in the UK.