Accelerated Possession Orders

If you are a landlord and want your tenants to vacate the property, there are strict criteria that you will need to abide by. Failing to do this can mean you are guilty of illegally evicting your tenants.

The type of procedure you must follow will depend upon the circumstances and the terms of your tenancy agreement. But what happens if after following the correct procedure your tenants refuse to leave?

One option in these circumstances is to apply for what is known as an ‘accelerated possession order'.

The following guide explains what an accelerated possession order is. We will cover when they can be used, the requirements that must be met to satisfy the law and whether an appeal can be made by tenants following an accelerated possession order being made.

What is an accelerated possession order and when can it be used?

Accelerated possession orders allow landlords to deal more quickly with difficulties in tenancies, such as unpaid rent. Rather than having to wait for a court to process an application and evaluate the case, accelerated possession orders allow landlords to rectify issues more swiftly. This can enable them to avoid court cases and evict tenants quicker.

The Housing Act 1996, along with Assured Shorthold Tenancy (AST) terms, gives a landlord the mandatory or automatic right to possession of their property at the following times: once an agreed term has lapsed, after 6 months if the tenant is less than six months into an agreed term. In either situation, the landlord must serve notice and give a two month notice period to the tenant.

Through Assured Shorthold Tenancies, a landlord is afforded the right to reclaim the possession of their property. Good AST tenants need not worry that this is a likely occurrence as most landlords will only ever make use of this right if they have problems with their tenant such as unpaid rent or poor property care.

To satisfy the law, a landlord can only use an accelerated possession order in strict circumstances, which include:

• The tenant must have moved into the property after 15th January 1989.
• The tenant will not move out despite having received an eviction notice and being given a reasonable notice term.

What evidence is needed for an accelerated possession order?

For an accelerated possession order to be carried out, the landlord must complete an application form and submit it along with certain evidence to support their case. This includes:

• A copy of the tenancy agreement
• A copy of the notice of eviction that was served to the tenant
• If appropriate, documents relating to the local authority's licensing scheme.
• Proof that any deposit payments have been held through a licensed deposit scheme as per legal requirements.
• A copy of the pre-tenancy notice if the tenant moved into the property prior to 27th February 1997.

If the tenancy began after 1st October 2015, additional evidence will need to be submitted. This includes:

• An up to date Energy Performance Certificate (EPC) for the property.
• An up to date Gas Safety Certificate for properties that have gas.
• The appropriate copy of the "How to Rent Guide" which is a government document and should be the copy that was provided at the time that the tenancy began.

Accelerated possession orders cannot be used for casual tenancy agreements or those that were formed orally. In these cases, a court hearing will be necessary.

What happens once a landlord applies for an accelerated possession order?

Once a landlord has completed and submitted an application for accelerated possession, they are required to submit it along with the relevant evidence to the court. The court will forward a copy of the application to the tenant with a copy of a defence form, which the tenant is entitled to complete if they want to.

The judge will then either:

• Give the landlord the authority to evict the tenant and take immediate possession of the property through issuing a possession order.
• Demand a court hearing and set a date. The judge will do this if there is likely to be a defence made by the tenant.

A court hearing does not necessarily prevent or postpone the possession order, and the judge may decide to do both.

Making a defence against an accelerated possession application

Tenants are given the right to defend an accelerated possession application through the completion of the defence form. The court only allows 14 days for the tenant to complete and return the form and a defence will only stand if:

• The landlord did not give the tenant reasonable notice of eviction
• The landlord does not have the legal right to use the accelerated possession process.

How long does a tenant have to move out?

Once an accelerated possession order is granted by the judge, tenants have either 14 or 28 days to leave the property. If the judge recognises that there are exceptional special circumstances, they may agree to the tenant having up to 42 days to leave the property.

The tenants are not obliged to pay rent for the eviction period offered under the terms of the accelerated possession order. However, if rent is withheld, the landlord could apply to the court to recover it under another order.