Accelerated Possession - Residential Tenancies
Mandatory Possession Procedure
Under the Housing Acts 1988 and 1996 and the terms of an Assured Shorthold Tenancy (AST) the landlord has an automatic or mandatory right to possession of the property at the end of the agreed term, or after 6 months if the agreed term is less than 6 months, providing the required 2 months' notice (Section 21 Notice) has been served.
The landlord does not need to give a reason why he needs possession, and providing all the paperwork is in order the County Court Judge will issue a possession order based on this, providing the tenant does not oppose, without a court hearing.
Landlords have a Right to Possession
With Assured Shorthold Tenancies landlords have the right to claim possession, but tenants should bear in mind that landlords will rarely do this when they have a good tenant - one that is paying rent on time and is looking after the property. Most landlord want their residential tenancies to last as long as possible because re-letting involves a lot of trouble and expense.
Section 21 Notices
Great care should be taken when serving the 2 month Section 21 Notice to esure that the correct notice is served with the correct dates. There are two differenent s21 Notices: one for a fixed term AST and one for a perodic AST - see the LandlordZONE s21 Notice with Guidance Notes
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.
Written Evidence Required
Because the accelerated possession procedure is carried out purely on written evidence, it is particularly important that the landlord has everything in order:
- An up-to-date and properly completed Tenancy Agreement.
- A copy of the correct s21 Notice with correct dates, properly served and the 2 month's notice expired.
- Where the landlord has taken a deposit, evidence of the depsoit scheme involved.
If the tenancy was formed on a casual (oral) basis (without a written tenancy agreement) then the Accelerated Possession Procedure cannot be used and a court hearing will be necessary.
For guidance and forms for making an application for Accelerated Aossession see "Accelerated Possession Procedure" on the Court Service web site.
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.
