If you are a landlord facing the challenge of evicting a tenant who has breached the terms of the tenancy agreement, you may have heard of an accelerated possession order as a potential solution This legal process allows landlords to obtain possession of their property quickly and efficiently, without the need for a court hearing However, one common question that landlords often have is: how long does it take to get an accelerated possession order?
The duration of obtaining an accelerated possession order can vary depending on a number of factors Let’s take a closer look at the timeline involved in this process.
1 Serving the Section 21 Notice
Before applying for an accelerated possession order, landlords must first serve a Section 21 Notice to their tenants This notice informs the tenants that the landlord wishes to regain possession of the property and sets out the date by which they must leave The length of the notice period required can vary, but it is typically a minimum of two months.
2 Submitting the Accelerated Possession Order Application
Once the notice period has expired and the tenants have not vacated the property, landlords can then submit an application for an accelerated possession order to the court The court will review the application and, if everything is in order, will issue an order for possession.
3 Court Processing Time
After the application has been submitted, it typically takes around two to six weeks for the court to process the application and issue the possession order accelerated possession order how long. This timeframe can vary depending on the workload of the court and any other factors that may impact the processing time.
4 Serving the Possession Order
Once the possession order has been issued, it must be served on the tenants by the landlord The tenants are typically given a deadline by which they must vacate the property, usually around 14 days from the date of service of the order.
5 Expiry of Deadline
If the tenants fail to vacate the property by the deadline set out in the possession order, landlords can then apply for a warrant of possession This allows court-appointed bailiffs to physically remove the tenants from the property.
Overall, the process of obtaining an accelerated possession order can take anywhere from two to three months on average, depending on the specific circumstances of the case It is important to note that this timeline is just an estimate and can vary from case to case.
It is worth mentioning that while an accelerated possession order can be a quicker and more cost-effective way to regain possession of a property compared to other eviction procedures, it is not always guaranteed to be successful There are certain criteria that must be met in order for the court to grant an accelerated possession order, and if these criteria are not met, the process may be delayed or even denied.
Landlords should also be aware that there are strict rules and procedures that must be followed when seeking an accelerated possession order Failing to adhere to these rules can result in delays or even the application being thrown out by the court.
In conclusion, the timeline for obtaining an accelerated possession order can vary depending on a number of factors, but on average, it takes around two to three months from serving the Section 21 Notice to obtaining possession of the property Landlords should familiarize themselves with the process and seek legal advice if needed to ensure that they follow the correct procedures and increase their chances of success in obtaining an accelerated possession order.
By understanding the timeline involved in the accelerated possession order process, landlords can better prepare themselves for the eviction process and take the necessary steps to regain possession of their property in a timely manner.