Fastest Way to Evict Tenants

Many Landlords have to deal situations where the tenant will not leave at the end of the tenancy agreement. This is not uncommon, and even at the end of a fixed term tenancy the landlord is still required by law to serve legal notice on the tenant requiring them to leave the property!

In most cases if a tenant does not vacate the property the fastest way to evict a tenant is to obtain a court order for Accelerated  Possession.

Even if your situation does not qualify for the accelerated eviction procedure outlined below please still contact us, as there are many different routes to ensure the tenant can be evicted quickly.

Accelerated Possession - 14 Day Possession Order

The accelerated possession procedure enables landlords to bypass the usual Court hearing and, assuming the paperwork is correct, it is usually possible to obtain an Accelerated Possession Order demanding that the tenant vacate the property within a period set by the Court which is usually 14 days.

To get started please contact Evictions SouthEast with the details of the property you require possession of and the details of the tenants you need to evict. We will do the rest, including completion of all necessary legal forms and legal documents, drafting and serving the required Section 21 Notice, correspondence with the Court, service of all papers and everything else involved in the seeking accelerated possession under the accelerated possession procedure.

Evicting a tenant fast – using Accelerated Possession Orders

As a landlord who has granted an assured shorthold tenancy, you are entitled to obtaining possession under the accelerated possession procedure to regain possession of your property under the provisions of the Housing Act 1988 at any time after the end of a fixed term tenancy or any time during a periodic tenancy, provided that the tenants have occupied the property for at least six months since the start of the first tenancy agreement.

Under the accelerated possession procedure claim you do not have to provide any other grounds for repossession of property other than it has come to the end of a fixed term tenancy.

An Accelerated Possession Order is a fast way to evict tenants and get your property back at the end of a fixed term tenancy. It does not usually require a court hearing, but a judge will review your application and make a judgment upon satisfactory evidence being provided. It is therefore essential that your evidence, and application details are correctly completed as the smallest of error will likely result in no order. Evictions SouthEast complete a large number of these and have a 100% success record, we deal with all the paper work for you with minimal fuss to ensure an order is made swiftly, typically ordering the tenants to vacate the property in 14 days.

Check you able to apply for the Accelerated Possession Order

• Your tenant needs to hold an assured shorthold tenant (the most common type)

• You need to have a written tenancy agreement, which began after the 15th January 1989

• You need to have given the tenant at least 2 months notice (in writing) and this notice can not ask the tenant to leave before the end of the fixed-term tenancy.

• A notice has been served on the tenants under section 48 of the Landlord and Tenant Act 1987 giving the tenants an address in England & Wales where notices may be served.

• If the first tenancy agreement with the tenants is dated between 15 January 1989 and 28 February 1997, a notice (a 'section 20 notice') has been served on the tenants in accordance with of the Housing Act 1988.

• Any deposit received after 6 April 2007 has been paid into a Government-approved tenancy deposit scheme.

• A licence has been obtained, or applied for, if the property is a house in multiple occupation (HMO) or is located in an area designated for licensing by the local authority.

Alternative methods to evicting tenants fast

Even if your situation does not qualify for the accelerated eviction procedure outlined above please still contact us, as we offer many other eviction services to help you evict a tenant fast, particularly if the tenant is not paying the rent.

• Evict tenants if you do not have a tenancy agreement
• Evict tenants if the deposit was not registered correctly or on time
• How long to evict tenants and court process timescales

If you have not yet served the tenant notice then ask us to serve a Section 21 Notice immediately in the correct form, on the tenant, on behalf of the Landlord giving the appropriate notice (at least 2 months) and then the accelerated possession procedure can be started and the application to the Court can be made.

Submitting the application for Accelerated Possession

Getting an accelerated possession order is usually very fast and cost-effective however it is essential the correct procedure is followed and the relevant evidence documented to avoid the application being rejected. 

If you meet the conditions required above to use the accelerated possession procedure, and your tenants are in arrears of rent, we generally recommend that you use the accelerated possession procedure. This way, you are able to get the tenants out as quickly as possible and get new tenants in who will pay the rent.

If you are satisfied an Accelerated Possession Order does apply to your situation please contact us so we can start the process on your behalf, which includes completing the form N5B – claim for possession, check details of names and address of your tenant, property address the tenants are to be evicted from, start and end dates of the original fixed term tenancy, date notice was served, served notice period ended (the date you requested they leave by). This information will help us complete your claim to the fullest standard to ensure the is no other option but for the judge to make an order for possession.

The courts decision for Accelerated Possession Order

As there is not usually an actual court hearing for these cases as the court will base its decision on the written evidence and application only. Which makes it even more important that all your details are correctly provided and the relevant information and evidence is supplied when the application is first submitted.

The possession order will normally take effect two weeks after the decision unless the court decides that this would cause the tenant exceptional hardship. In that case, the judge may delay the order for up to six weeks. However, the judge will set up a hearing beforehand which you can attend, to hear the tenant's application.

What if your tenant also owes money (unpaid rent / damages, etc)

When the courts award possession to you using the accelerated possession route they are not able to make any monetary orders (eg for unpaid rent), we may be able to get your costs of making the application back from the tenant. However, any other costs, such as rent arrears or unpaid deposits will need a separate application.

What happens after the Accelerated Possession Order

The accelerated possession procedure enables landlords to bypass the Court hearing and, assuming the paperwork is correct, it is usually possible to obtain an Accelerated Possession Order demanding that the tenant vacate the property within a period set by the Court which is usually 14 days.

If the tenant fails to vacate the property within the period specified by the Accelerated Possession Order, you can apply to the Court for a warrant for bailiffs to evict the tenant on your behalf.

What is the difference between fixed term and periodic tenancy?

(a) A fixed term tenancy will be created for a specified length of time, for example, 12 months. However, if the tenants remain in the property after the fixed term has ended, and do not enter into a new fixed term agreement with you, the tenancy will automatically become periodic.

(b) A periodic tenancy rolls on a specific period such as month to month or quarter to quarter. This arrangement may have been specified at the start of the tenancy or may have naturally arisen by the expiry of a fixed term tenancy.

QUICK CONTACT

Evictions SouthEast has a dedicated team of legal personnel ready to help you with your tenancy problems. We offer a free initial case review to give you some helpful information on how best to proceed with the case and what the likely outcome will be. Should you wish to proceed we will take on your case immediately with our transparent 3 step eviction process all based on a fixed fee pricing structure.

Evictions South East have a 100% success rate to date.