When it comes to dealing with tenants who have failed to pay their rent or are causing damage to rental property, landlords often turn to the courts for assistance in regaining possession of their property One method of securing an order for possession in an expedited manner is through the use of the Order for Possession Accelerated Procedure.
The Order for Possession Accelerated Procedure is a legal process that allows landlords to apply for an order for possession without the need for a court hearing, provided certain criteria are met This procedure can be a valuable tool for landlords looking to quickly regain possession of their property and evict troublesome tenants.
In order to qualify for the Order for Possession Accelerated Procedure, landlords must meet the following criteria:
1 The tenancy agreement must be in writing and provide for a fixed term of at least six months.
2 The landlord must have given the tenant written notice of their intention to seek possession of the property.
3 The notice period must have expired, and the tenant has not vacated the property.
4 The landlord must have given the tenant a minimum of two weeks’ notice before applying for an order for possession.
If these criteria are met, the landlord can apply to the court for an Order for Possession Accelerated Procedure The court will review the application and, if satisfied that the criteria have been met, will issue an order for possession without the need for a court hearing.
The main advantage of the Order for Possession Accelerated Procedure is the speed at which possession can be obtained order for possession accelerated procedure. Unlike traditional possession procedures, which can take months to resolve, the accelerated procedure can result in possession being granted in a matter of weeks.
However, it is important for landlords to remember that the accelerated procedure is not appropriate in all cases If there are disputes over the validity of the tenancy agreement or the notice given to the tenant, a court hearing may be necessary to resolve these issues.
It is also worth noting that the Order for Possession Accelerated Procedure does not cover cases where the tenant has raised a valid defence to the possession claim, such as disrepair or harassment by the landlord In these cases, a court hearing will be required to determine the outcome of the possession claim.
Despite these limitations, the accelerated procedure can still be a useful tool for landlords facing difficult tenants By following the proper procedures and meeting the necessary criteria, landlords can quickly and effectively regain possession of their property and remove troublesome tenants.
In conclusion, the Order for Possession Accelerated Procedure is a valuable legal tool for landlords seeking to regain possession of their property By meeting the necessary criteria and following the proper procedures, landlords can secure an order for possession without the need for a court hearing, allowing for a swift resolution to the eviction process If you are a landlord dealing with difficult tenants, consider utilizing the accelerated procedure to help expedite the possession process.