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These proceedings are not attributed to fault on part of the tenant, and do not require a court hearing before being granted. As such, there are a number of procedural hurdles that the landlord must overcome.
Accelerated Possession Proceedings are started by application to the relevant county court and payment of the mandatory fee. The application must be accompanied by a witness statement and the tenancy agreement. There must also be evidence that the landlord has served a Section 21 Notice on the tenant and has placed the tenant’s deposit in a licensed tenancy deposit scheme.
As of 2015, the landlord must also provide evidence that the tenant was served with:
On approval, service will be made upon the tenant by the court. With service, a tenant will be notified of their right to object to the proceedings within 14 days.
No reasons have to be provided by the landlord for the eviction other than the agreed fixed term has come to an end.
A tenant can only object to Accelerated Possession Proceedings on the following grounds:
Once the 14-day period has expired, the court will consider whether a court hearing may be warranted. Otherwise, the court will issue an order for possession. If the court does consider a hearing is necessary, a successful challenge by the tenant may result in a suspension of any possession order, or dismissal of the case altogether. If the case is dismissed, the landlord will have to start the proceedings again, subject to the two months’ notice period.
A Section 21 Notice cannot be served if prior to service the landlord had failed to respond to a complaint about the condition of the property and the relevant local authority had served a Section 11, 12 or 40(7) Notice on the landlord.
As a general rule, a landlord cannot seek eviction prior to the agreed end date of a fixed term tenancy agreement, and in any event must give at least two months’ notice before the anticipated date for recovering possession. It is possible to serve notice at the same time the tenant initially signs the tenancy agreement. In order to qualify for an Accelerated Possession Proceeding, the landlord must have granted an assured shorthold tenancy.
Under the Housing Acts 1996, a landlord has a mandatory right of repossession when an assured shorthold tenancy comes to the end of its fixed period. If the term is for less than six months, the right of repossession cannot be exercised until a six-month period has passed. For an assured shorthold tenancy to be recognised for the purpose of proceedings, there must be a written agreement in existence that commenced no earlier than 15 January 1989. If the tenancy commenced prior to 28 February 1997, there must be evidence the tenant was informed they were entering into an assured shorthold tenancy.
The first six months of an assured shorthold tenancy are protected from any Accelerated Possession Proceedings. The landlord must serve a Section 21 Notice upon the tenant, at a minimum of two months prior to the anticipated date for recovering possession, which cannot occur within the initial six-month period.
If the court concludes a hearing is not warranted, the possession order issued will provide a tenant between 14 and 28 days to surrender the premises. The judge has discretion to increase this period to a maximum of 42 days if an earlier date would subject the tenant to unnecessary hardship.
If the tenant has not vacated the premises by the date provided on the possession order, the landlord will seek a warrant for eviction and a court bailiff will physically evict the tenant. The process for applying for a bailiff will typically take between two to three weeks.
There is an expedited enforcement procedure offered via the High Court, where a data for eviction can be obtained within a few days.
Accelerated Possession Proceedings do not facilitate recovery of rent arrears. A landlord will have to seek alternative court action in order to recover sums owed, including small claims or fault-based possession proceedings. A court has no power to order rent to be paid during the notice period in an Accelerated Possession Proceeding.
If the tenancy began on or after 1 October 2015, Accelerated Possession Proceedings cannot be used in retaliation to a tenant who has lodged a complaint about the condition of the property. This is known as the “retaliatory eviction” rule. The rule will not apply if the property has been placed on the market for sale or if the tenant has violated a condition of their tenancy agreement.
Accelerated Possession Proceedings are a means of a landlord avoiding lengthy and costly possession proceedings in court. It is paramount that the requirements of a Section 21 Notice are met, as failure to do so may result in dismissal of the application and the landlord having to revert back to square one.
The Property Lawyers at Lewis Nedas Law have specialist knowledge in both commercial and residential property disputes. With offices in Camden and Mayfair, we provide advice to landlords and tenants across Central, West and North London, as well as the wider UK.
To speak to our Property Law Specialists, please call us on 020 7387 2032 or complete our online enquiry form.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
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