The Accelerated Possession

Under the terms of a short hold tenancy the landlord has an automatic or mandatory right to possession of the property at the end of the agree term, or after 6 months if the agreed term is less than 6  months, providing the required 2 months' notice has been served.

With Assured Shorthold Tenancies 8 of the 17 grounds for possession are mandatory, and providing the landlord can confirm the correct facts a possession order is assured. 

In cases where the landlord is claiming possession on mandatory grounds, namely 1, 3, 4, 5 and the short hold ground, where the term certain has come to an end, the accelerated possession procedure can be used. This, of course, is providing all the correct procedures have been followed by the landlord.

The accelerated possession procedure means that the possession award can be decided by the court purely on the basis of written representations submitted. No formal hearing is required.

The procedure, however, only applies to possession, together with the costs of bringing the action. The landlord cannot include a claim for arrears of rent, for example. Such a claim would need to be brought under a separate action.

Because the accelerated possession procedure is carried out purely on written evidence it is particularly important that the landlord has everything in order.  This included having a written tenancy agreement. A verbal tenancy agreement is not permitted for the accelerated procedure. For guidance and forms for making an application for accelerated possession see the Accelerated Possession Procedure on the Court Service web site.

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