Ultimate Guide to Accelerated Possession Procedures for UK Landlords: Navigating Section 21 Notices and Beyond
The Accelerated Possession Procedure is a legal process that enables a landlord to gain possession of their residential property from a tenant, who is in breach of the tenancy agreement and has not left the property by the date specified in the tenancy agreement.
This procedure can be used in England and Wales when the tenancy agreement is an Assured Shorthold Tenancy (AST).
In order to obtain possession of the property, a landlord must follow the legal process laid out in the Civil Procedure Rules (CPR) Part 55 and any relevant guidance issued by the court.
Under the accelerated procedure, the landlord must first serve a Section 21 Notice on the tenant and then, if the tenant fails to leave the property by the specified date, the landlord can apply to the court for a possession order.
Section 21 Notice in the acclerated procedure
A Section 21 Notice is a notice that the landlord must serve on the tenant to inform them that they must leave the property by a certain date. A landlord can only issue a Section 21 notice if they have complied with all relevant legislation and satisfied the requirements of the Housing Act 1988.
A Section 21 Notice should be served in writing and must include details of the tenancy agreement, the tenant’s name, and the date when the tenant must leave or give up possession of the property. The date must be at least two months after the date of service of the notice.
Proof of service of section 21 how and why
The landlord must be able to prove that the Section 21 Notice was served and received by the tenant. The landlord must also be able to prove that the notice was served correctly and within the timescale set out in the Housing Act 1988.
The landlord should keep one copy of the Section 21 Notice and a copy of the proof of service to use as evidence in court should it be required. The landlord should also keep a record of when the notice was served and the method of service used.
Application to Court for a Possession Order
Once the Section 21 Notice has been served, the tenant must leave the property by the specified date or the landlord can apply to the court for a possession order.
The landlord can apply for a possession order using either the online or paper-based application process.
Preparing an accelareted procedure Application to Court Online via www.gov.uk website
The online application process is the quickest and most cost-effective way to make an application to the court for a possession order. The online application process is available through the HMCS website.
The landlord will need to register for an account on the website and complete an online application form. The form will require the landlord to provide basic information about the tenancy, the tenant and the property. The landlord must also provide evidence of service of the Section 21 Notice and a copy of the tenancy agreement.
Once the application has been submitted, the court will review the information provided and issue a claim form if the landlord is eligible to make an application for a possession order.
Details of court fees can be found at https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf under “Non-money claims”.
Paper-based Application to Court
If the landlord is unable to submit an online application, they can submit a paper-based application. The paper-based application can be made by completing the relevant court form and submitting it to the court.
Form N5B Claim Form for Possession of Property in England (Accelerated Procedure).
The form requires the landlord to provide basic information about the tenancy, the tenant and the property. The landlord must also provide evidence of service of the Section 21 Notice and a copy of the tenancy agreement.
Submitting the accelerated procedure Claim Form to the Court
Once the claim form has been completed, the landlord must submit it to the court. The landlord may submit the claim form by post, in person or by email.
The court will review the information provided and issue a court order if the landlord is eligible to make an application for a possession order.
Court issues the claim
Once the court has reviewed the information provided, they will issue a claim form to the tenant with the date of the court hearing. The claim form must be served on the tenant.
The claim form must include the landlord’s name and address and the date of the hearing. The claim form must also include a notice of the tenant’s right to request a postponement of the hearing and the tenant’s right to seek legal advice.
Tenant’s options on receiving claim form
Once the tenant has received the claim form, they have two options:
• Defend the claim or
• Seek a postponement of possession
Defending the claim
The tenant can defend the claim by completing the defence form and submitting it to the court. The defence form must be completed and submitted before the specified date. The tenant may also submit any additional information or evidence that supports their defence.
If the tenant does not submit a defence form, the court may grant possession to the landlord.
Seeking a Postponement of Possession
The tenant can seek a postponement of possession by completing the postponement form and submitting it to the court. The postponement form must be completed and submitted before the specified date. The tenant may also submit any additional information or evidence that supports their request for a postponement.
The court may grant a postponement if they are satisfied that the tenant has a good reason for requesting the postponement.
Timescale for serving a defence and requesting an order for possession
The tenant must serve a defence or request a postponement within 14 days of receiving the claim form. The court may grant a postponement or defence for up to 28 days after the date of the hearing.
The court hearing
The court hearing is a hearing at which both parties will present their case. The court will review the evidence and make a decision.
If the tenant has requested a postponement, the court may grant a postponement or defence for up to 28 days after the date of the hearing.
Enforcement of a possession order
If the court grants a possession order, the landlord can then apply to the court for an order for possession. The court will issue an order for possession and the landlord can then enforce this order.
Application to Court for Warrant of Possession
The landlord can apply to the court for a warrant of possession. The warrant of possession will specify when the tenant must leave the property. The landlord must provide evidence that the tenant has been served with the notice of eviction.
The warrant of possession will be issued to the landlord once the court has reviewed the evidence and is satisfied that the tenant has been served with the notice of eviction.
Issue of Warrant for Possession
Once the warrant of possession has been issued, the landlord can enforce the order by giving notice to the tenant that they must leave the property by a certain date. The eviction notice must be served on the tenant at least 24 hours before the date specified in the warrant.
The landlord can then apply to a court bailiff to physically remove the tenant from the property if the tenant does not leave the property by the specified date.
Conclusion
Obtaining possession of residential property from a tenant using the accelerated possession procedure is a legal process that must be followed in accordance with the Civil Procedure Rules (CPR) Part 55 and the relevant guidance issued by the court. The process involves the landlord serving a Section 21 Notice on the tenant, applying to the court for a possession order and then applying to the court for a warrant of possession if the tenant does not leave the property by the specified date.
Helpful Resources
Section 21 Notice in the accelerated procedure: https://www.gov.uk/government/publications/how-to-evict-your-tenant-the-accelerated-possession-process
Proof of service of section 21 how and why: https://www.gov.uk/government/publications/how-to-evict-your-tenant-the-accelerated-possession-process
Application to Court for a Possession Order: https://www.gov.uk/government/publications/how-to-evict-your-tenant-the-accelerated-possession-process
Preparing an accelerated procedure Application to Court Online via www.gov.uk website: https://www.gov.uk/make-court-claim-for-possession-of-property
Submitting the accelerated procedure Claim Form to the Court: https://www.gov.uk/make-court-claim-for-possession-of-property
Court issues the claim: https://www.gov.uk/make-court-claim-for-possession-of-property
Enforcement of a possession order: https://www.gov.uk/evicting-tenants/enforcement-of-possession-order
Application to Court for a Possession Order: https://forms.justice.gov.uk/courtfinder/forms/n5-eng.pdf