Accelerated or standard possession process

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    Accelerated or standard possession process

    The property is in England. The tenant is on an SPT and I have served them with a Section 21 Notice. I have been through the rather extensive checklist and my notice is valid and all the necessary supporting documents are present and accounted for.

    My question is 'Do I use the accelerated possession process or the standard one'?

    In both cases, the tenant has 14 days to respond. Then I understand a judge will look at the accelerated case and make an order or potentially schedule a hearing. The order can only be for possession and the court fee. Nothing else. I cannot find out how long after the notice period of 14 days expires, it will take before a judge looks at it. It could be the same day or 6 weeks.

    If I do the standard procedure, then after 14 days, I complete the necessary process on PCOL and a court date is granted. Anything from 2 to 6 weeks at the moment. On attending court, I can ask for additional orders, which I cannot do as part of the accelerated process.

    These additional order requests are
    1) Occupational rent after the possession order is made.
    2) Costs
    3) Permission to apply the deposit to the outstanding rent.
    4) Permission to transfer the case to the High Court for enforcement.

    All in, from starting the standard possession process, I would be looking at 8 - 12 weeks, with an additional 2 weeks for the HC bailiffs, assuming I get permission to transfer. On the accelerated process, I don't know how long the end to end process will be. I would then have to wait an additional 4-6 weeks to get the CC bailiffs in.

    Anyone know how long the accelerated process takes from issuing the N5B to the judge awarding a possession order?
    I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

    #2
    Originally posted by Dinkum View Post
    Anyone know how long the accelerated process takes from issuing the N5B to the judge awarding a possession order?
    https://www.gov.uk/government/statis...-to-march-2018

    For 2018 Q1, the median average time from claims issue to orders for possession under the accelerated procedure is 5.3 weeks. Claims to warrants 10.7 weeks. Claims to repossessions 18.7 weeks.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thanks for that. Useful stats.

      There is only 0.6 weeks difference between the accelerated and standard process from claim to warrant, which I assume is going to be necessary. And I potentially get a faster enforcement by actually going to court.

      According to those stats, claim to repossession by CC bailiff is almost 2 weeks faster on the standard process.

      Tough decision.
      I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

      Comment


        #4
        Originally posted by Dinkum View Post
        I complete the necessary process on PCOL and a court date is granted.
        Just a quick note. I realise I cannot use PCOL for a Section 21 Notice.

        I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

        Comment


          #5
          Originally posted by Dinkum View Post
          There is only 0.6 weeks difference between the accelerated and standard process from claim to warrant, which I assume is going to be necessary. And I potentially get a faster enforcement by actually going to court.

          According to those stats, claim to repossession by CC bailiff is almost 2 weeks faster on the standard process.
          Erm yes, and no. Standard process section 21 shouldn't be faster than accelerated. You're forgetting that the standard stats include section 8 PCOL etc. It should be assumed that the standard process takes longer than the accelerated one where all else are the same.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Something to bear in mind,

            If your using the accelerated processes this is in paper format (not online) the cost is slightly more around £20-£30 extra, and if your not claiming any unpaid rent from the tenant, if you were then once you have possession of the property you would then have apply for a money order.

            If your using the standard process, it is online and you can track the progress (according to the Gov.uk website) but you can claim also any money owed to you, so you don't have to put in a separate order, also remember if you don't know where the tenant is moving to you would need to pay for a tenant finder service, and would imagine best to wait a couple of months before making a claim for any money so that the company can locate the person.

            In either case if the tenant decides to put up a defence this will delay the process. For myself I'm going down the standard process route as it may be longer, but I can put in a request for money as the tenant owes me, and I wont know where they have moved to (especially if they move in with family/friends - much harder to track down). I've planned for 4 months until I retrieve the property back any shorter is a bonus.

            Comment


              #7
              One other issue to consider is that if you use the standard route so that you can claim rent arrears at the same time, you wont actually know how much to claim since bailiffs could easily add another 6 or 8 weeks to the date of eviction

              Comment

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