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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Never rely totally on this information which relates primarily to England & Wales. Before taking action or not, seek expert advice with the full facts of your case and all documents to hand.
