What Is an Accelerated Possession Claim and When Should Landlords Use It?

The accelerated possession procedure is a faster, paperwork-based route to obtaining a possession order that does not require a court hearing in most cases. It is available to landlords relying on a Section 21 notice and is generally quicker and cheaper than a standard possession claim.

When Can You Use the Accelerated Procedure?

The accelerated possession procedure is available where the tenancy is an assured shorthold tenancy, the landlord is relying on a Section 21 notice, and the landlord is not seeking rent arrears as part of the claim. If you also want to recover unpaid rent, you need to use the standard possession procedure and attend a hearing.

How Does It Work?

The claim is issued using form N5B and is processed on the papers without a hearing in most cases. The tenant has 14 days to respond and can contest the claim on the basis that the Section 21 notice is invalid or that there are other grounds for challenging the possession.

If the tenant does not respond or their response does not raise valid points, the court makes a possession order on the papers and sends it to both parties. The possession order typically requires the tenant to leave within 14 days, though they can apply for an extension to 42 days in cases of exceptional hardship.

What If the Tenant Contests the Claim?

If the tenant raises a defence. For example,, that the Section 21 notice was not validly served or that the required deposit and documentation obligations were not complied with. The claim will be listed for a hearing. At that point the accelerated procedure effectively converts to a standard possession hearing.

What Are the Limitations?

The accelerated procedure cannot be used to recover rent arrears. It is also unavailable where the tenancy agreement was not in writing or where the fixed term has not yet expired. And as noted, any defects in the Section 21 notice or the prescribed documentation will derail the process.

Summary

The accelerated possession procedure allows landlords to obtain possession on a Section 21 notice without a court hearing in most cases. It is faster and cheaper than standard possession proceedings but cannot be used to recover arrears. Any defects in the Section 21 notice or required documents will result in a contested hearing.

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