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Exactly What Is An Accelerated Possession Order?That eviction procedure can be a very long, dragged out problem for any landlord that creates a lot of stress and interruption to their life, likely costing landlords not just a considerable amount of time but in the end money too. On the other hand, landlords have the option to accelerate the eviction process if they can get an accelerated possession order.
Accelerating The Eviction Using Accelerated Possession
The advantage of this type of eviction procedure is that it is sort of a short-cut for the property owner, enabling them to get back property more quickly with no extended court hearings. Landlords make use of this kind of eviction procedure if tenants are behind with rent payments and they're needing new renters in the least amount of time.
Qualifications And Conditions
For the accelerated possession, specific prerequisites have to be fulfilled before it can be taken into consideration. Here's a list of the requirements.
? A tenancy contract was signed by the two, property owner and tenant.
? The tenant is in a statutory periodic tenancy or maybe in an assured shorthold tenancy.
? The renter will need to have obtained a complete, lawful eviction notice that also clearly describes the deadline time to leave.
? The owner will not be seeking that the renter leaves prior to the conclusion of a fixed term tenancy.
? A tenant's deposit must have been dealt with properly, with respect to legal requirements, eg. by placing the deposit in a deposit plan.
In the event that any one of these conditions are not met by the landlord, the tenant will possibly have good grounds where they could contest and forestall an accelerated possession order.
The Way It Works
This process begins by seeking the order before a court, as soon as the tenant received a copy he will be given 2 weeks time for a possible contest. After that period has gone by, a judge is going to rule whether to allow the possession order, or have a hearing. More often than not, in the event that all conditions are satisfied, a judge will grant the order to the property owner.
What Occurs If The Accelerated Possession Order Is Granted?
If all had gone without difficulty and the process commenced, a renter would be required to leave the property in a very short time, generally from 2-4 weeks. In certain circumstances, dependant upon each and every case, a renter may be offered additional time.
Limitations With The Accelerated Possession Order
However even when the court grants this order, it does not entitle you to retrieve any money that the tenant may owe you (you can't in fact make application for this type of order on the grounds of rental delinquencies) - including missed rental payments, although any expenditures resulting from the application for the accelerated possession order may be possible to get back from the renter.
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