Tenancy Eviction - The Accelerated Procedure
- AuthorAmy-Jane Westaway
The Accelerated Procedure is available for Landlords trying to regain possession of their Property following the expiry of a valid Section 21 Notice served upon their Tenant.
This procedure can prove a much faster and cost effective alternative to the standard procedure when used appropriately. This is due to the fact that providing the required criteria are met, the Judge will consider the claim on the papers alone rather than the parties attending a Hearing at Court.
So when can the accelerated procedure be used?
The following criteria must be met in order for the accelerated procedure to be used:
- The claim is a claim for possession only and not a claim to include recovery of rent arrears;
- The tenancy is subject to a written agreement;
- The tenancy was entered into no earlier than 15 January 1989;
- A Notice has been served upon the Tenant under section 21(1) or section 21(4) of the Housing Act
- The deposit has been protected with a suitable Tenancy Deposit Scheme in accordance with the Landlord’s statutory duty.
What does the process involve?
The flowchart below outlines the main stages of the process from issuing the claim to conclusion of the matter.
As can been seen above, in the absence of a Hearing, the accelerated procedure is an efficient and cost effective method of regaining possession, provided the Judge is satisfied that the Landlord has complied with their statutory duties and the process has been followed appropriately. It is therefore vital that all of the circumstances to the matter are considered prior to the claim form being submitted to ensure that the most appropriate procedure is chosen. Franklins’ Dispute Resolution department are on hand to review the position and conduct the appropriate possession proceedings from start to finish, with a view to regaining possession of your rental property successfully and without unnecessary delay.
For further details on our fixed fee services for such matters please contact Amy-Jane Westaway on 01604 828282 or email@example.com.