The term "accelerated possession" is a bit of a misnomer as it can take several weeks or even months - the courts move slowly - but it is still quicker than a court hearing alternative.

If you served your Section 21 Notice during the fixed term you can commence the Accelerated Possession Procedure once the fixed-term and the 2 months' notice period have ended. This may be necessary if the tenant refuses to leave voluntarily when the fixed term and notice period come to an end.

The Assured Shorthold Tenancy must have started after 15th January 1989 and your claim must be for possession only, not rent arrears. All the documentation must be in order: a valid Tenancy Agreement and Section 21 Notice correctly served, plus details of any Deposit Protection arrangements your have made. For HMO landlords you will also need evidence of your landlord’s licence.

You apply to your County Court in the same district as the property paying your fee and using the court form N5B, supported by the documentary evidence .

The tenant has 14 days after receiving the documents to file an objection. If the tenant does not file an objection and the paperwork is in order the judge will normally issue a possession order immediately on reviewing the paperwork for the case.

There will not need to be a court hearing unless there is some problem with the documentation or the tenant requests postponement on hardship grounds, in which case possession can be delayed by up to 6 weeks. 

If the judge awards a possession order with immediate effect the tenant will be obliged to leave. If he or she refuses you will need to pay another fee and apply for the services of the Court bailiff, which is likely to delay matters for at least another 2 weeks.

If there are rent arrears it's a good idea to mention this on the form as this may influence the judge's decision when deciding whether to defer possession.

The total time taken depends upon the workload of your local county court. Some courts have long backlogs.

If the tenancy has become a periodic one the notice procedure is slightly different – see Notes on Serving a Valid Section 21 Notice here:

See also: Notes on Serving a Valid Section 21 Notice

Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand. LandlordZONE.co.uk