Accelerated possession -v- ordinary possession

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    Accelerated possession -v- ordinary possession

    Can anyone please explain the difference between an accelerated possession & an ordinary possession? Is there some kind of criteria that one has to meet to be 'eligible' for the former?

    Also, in what kind of circumstances is a hearing date set, or is there always a hearing for possession?

    Finally, I have been told by a friend who is a letting agent that the courts will only deal with solicitors, i.e. they don't like 'ordinary people' filling out possession paperwork? Is that correct???

    Thanks.

    #2
    Originally posted by Rabbit View Post
    Can anyone please explain the difference between an accelerated possession & an ordinary possession? Is there some kind of criteria that one has to meet to be 'eligible' for the former?
    The only difference is that 'accelerated' dosn't usually involve a hearing. If all the required documents can be sent to the court - written AST, s21, proof of service etc etc, then you can go with accelerated
    Also, in what kind of circumstances is a hearing date set, or is there always a hearing for possession?
    If you haven't got all the paperwork - eg an oral AST - or the tenant is arguing the vailidity of your claim - then a hearing will be required
    Finally, I have been told by a friend who is a letting agent that the courts will only deal with solicitors, i.e. they don't like 'ordinary people' filling out possession paperwork? Is that correct???
    Cobblers. DIY possession is perfectly possible. An agent would usually do it through a solicitor because an agent doesn't have the right to appear in court in place of a landlord - a solicitor does.

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      #3
      Thanks Snorkerz.

      Because I will be going to court the day after the s.21 expires, I won't know at that point whether the tenant is going to argue the validity of the claim. He may well do and, if so, what happens then if I have gone for accelarated?

      Comment


        #4
        Originally posted by Rabbit View Post
        Thanks Snorkerz.

        Because I will be going to court the day after the s.21 expires, I won't know at that point whether the tenant is going to argue the validity of the claim. He may well do and, if so, what happens then if I have gone for accelarated?
        File it as 'accelerated'. If tenant files a defence - a hearing will be required, which in effect relegates it to 'non-accelerated'.

        Do you know why the tenant believes he can argue it's validity? Would you like some confirmation either way?

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          #5
          He will just argue that he shouldn't leave because he has nowhere to go and no money!

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            #6
            Originally posted by Snorkerz View Post
            If tenant files a defence - a hearing will be required, which in effect relegates it to 'non-accelerated'.
            No. If the tenant files a defence, the Judge will decide whether there is a hearing or not.

            Originally posted by Rabbit View Post
            He will just argue that he shouldn't leave because he has nowhere to go and no money!
            This is not a valid defence. If the landlord has served a valid notice, it's 'likely' that an order for possession will be given.

            Possession will only be suspended for a maximum of 6 weeks if tenant faces exceptional hardship.
            The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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              #7
              Originally posted by Rabbit View Post
              He will just argue that he shouldn't leave because he has nowhere to go and no money!
              Okay, that's not a defence. It is likely the court would read that and decide a hearing is not necessary. He will have already had the 2 months the law gives him to find alternative accommodation.

              Comment


                #8
                Originally posted by tom999 View Post
                No. If the tenant files a defence, the Judge will decide whether there is a hearing or not.
                Sorry, you are quite right - but if the tenant DOESN'T file a defence, there will not be a hearing.

                Comment


                  #9
                  Originally posted by tom999 View Post

                  Possesssion will only be suspended for a maximum of 6 weeks if tenant faces exceptional hardship.
                  He has brought the hardship on himself (his words) by spending his money on partying etc. and let himself get into huge debt as a result.

                  Comment


                    #10
                    Originally posted by Rabbit View Post
                    Because I will be going to court the day after the s.21 expires...
                    Do you mean that you will be making a claim for possession using form N5B?

                    To summarise:
                    Attendance of court is only required under the accelerated procedure if, after s.21 expiry:
                    (1) The LL has made a valid possession claim using form N5B; and
                    (2) T files a defence within 14 days; and
                    (3) Judge decides a Court hearing is required.
                    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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                      #11
                      I don't know what the number of the form is as yet. The court are sending both forms - one for accelerated and the other for ordinary. Are they the ones you mean?

                      Comment


                        #12
                        Originally posted by Rabbit View Post
                        I don't know what the number of the form is as yet. The court are sending both forms - one for accelerated and the other for ordinary. Are they the ones you mean?
                        As mentioned, to apply for possession under the accelerated procedure, use form N5B.

                        Both forms are freely available from HMCS. See:
                        N5: Claim form for possession of property
                        N5b: Claim form for possession of property (accelerated procedure)
                        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                        Comment


                          #13
                          Thanks, everyone.

                          A final question. How long does an accelerated possession take, roughly, from the day you file the paperwork to the tenant having to leave?

                          Presume the tenant gets 14 days to pack up and go?

                          Comment


                            #14
                            Help

                            My head is reeling and I have got butterflies in my stomach. My tenant was suppossed to leave on the 15th June. On the 13th I did the inventory and inspection. He said that he has arranged for removal and the keys will be handed over on the 15th June. On the morning of 14th I receive a phone call from the council that your tenant is here and he is saying that you are going to evict him. You need to take a possession order to evict him. Did not hear anything from my side. Tenant is a private tenant earning £2700/- pcm. No rent arrears. contract expired six months ago. Section 21 issued. Worst thing I am going to be homeless as a result with my young family. someone please help me.

                            Comment


                              #15
                              Please start new thread, so LZ members can assist you.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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