Accelerated Possesion Procedure...how long does this take?

theoldcastle

I received my section 21 from LL, 2 months before my tenancy expired which was 27 Sept, told the LL that I cannot afford the rent increase, went to local council and was told to wait until eviction/bailiff then they will be in a position to help me. Paid the rent already for Oct ( as the council told me to do )
But LL called me yesterday and said that, if I dont leave on the 27th Sept they will take an Accelerated Possesion Procedure which will take a few days to get ? Is this correct? how long will it take my LL to get this Accelerated Poss/Procedure? and how long will I have before I need to get out after this procedure...when I rang the Council and told them about this, they said they had never heard of this ...confused again ....!

poppysarah

http://www.landlordzone.co.uk/legal/accelerated_possession.htm
In cases where the landlord is claiming possession on mandatory grounds, namely 1, 3, 4, 5 and the short hold ground, where the term certain has come to an end, the accelerated possession procedure can be used. This, of course, is providing all the correct procedures have been followed by the landlord.

Ground 1 - This ground can be used where a landlord (or his spouse) has occupied the dwelling as his only or principle home at some time, and having given notice of his intention to return, now wishes to do so. Successors in title may also use this ground provided they did not purchase the dwelling.
.
Ground 3 - This ground applies to premises which within the last 12 months have been the used as holiday lets and have currently been let on a fixed term of up to 8 months, usually for the winter period. Notice must have been served that the property is to be returned to holiday let use, usually for the summer period.
Ground 4 - This ground applies to student accommodation owned by educational institutions. Whilst students are normally licensees, this ground applies where the institution has let for a fixed term of up to 12 months.
Ground 5 - This ground applies to properties owned by religious bodies, where, for example, the property was occupied by one of their ministers and is now required for another.


Do any of those apply? If not they can't.

theoldcastle

Well I have a 12 monthly contract ( renewed every 6 months ) I have been here 3 years.The landlord is the church commisioners, they own the whole building...so does that mean I have to leave ? sorry but am in a bit of a panic mode now since they told me about the accelerated thingy.

poppysarah

I'd ring shelter and ask them for advice - you will also probably need to speak to someone more experienced at the council too.


You've mentioned a rent increase - how have they asked for this
Was the section 21 properly served

27th is Tuesday so I would try and ring shelter now.


Evicting a tenant through accelerated possession

If your tenant has an assured shorthold tenancy (the most common type of tenancy, starting on or after 15 January 1989) you can also consider the 'accelerated possession procedure'. This is a quicker way to get back possession of your property, and usually does not need a court hearing. You can only use the procedure if you have a written tenancy agreement and you have given the required written notice - in the right form and giving at least two months' notice. The notice you give cannot ask a tenant to leave before the end of a fixed-term tenancy.
Applying for accelerated possession

You should apply directly to the county court for accelerated possession and complete the 'claim for possession' form (form N5B). You will need to include the following information:

• names and addresses of you and your tenant
• the property you want possession of
• dates of the tenancy agreement and when notice was served
• when the notice period ended

You should also send copies of the tenancy agreement, the notice sent to your tenant, and any other relevant documents.
The court will base its decision on the written evidence supplied by both parties. You must ensure you include all relevant information when you first make the application.
If the courts award possession to you, you may be able to get your costs of making the application back from the tenant. However, you cannot claim any other costs, such as rent arrears or unpaid deposits.
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.
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189241


Speak to shelter and ensure you find out what you can write down to show exceptional hardship (eg: needing to save for a deposit perhaps for alternative accomodation)
It is possible the council will be able to rehouse you.

theoldcastle

Thank you PoppySarah, I will call Shelter, the notice was served the correct way, giving 2 months exactly before the end of my tenancy.
So does the LL have the right to take Accelerated possesion out on me ? Ohh I hate all this ....not knowing whats going to happen !

chez000

Tbh accelerated possession isnt significantly faster than possession on other grounds.

Th landlords serves s.21 notice (which he has done)

If you are still in the property at the point the s.21 expires the landlord applies to court - a court hearing not necessary if paperwork all ok.

Usually a possession order will be made for 14 - 28 days (can be longer if in hardship up to 42 days).

You can choose to stay in the property but if you are not out but the date on the possession order the LL will need to get an eviction warrant which could take 4 - 6 weeks.

You could end up having to pay the landlords costs.

Cheeky_Monkey

OP - as you were given 2 months' notice, is there any reason why you can't leave on 27 September?

theoldcastle

I am on Housing benefit, the LL increased the rent 6 months ago, which I paid the difference as housing was unable to pay more, now they are increasing the rent again, so am unable to meet the extra rent this time and told them so. The rent for October has already been paid in to the LL , will they take this into account or will that be refunded?

mustrum_ridcully

Church commissioners eh? Nice to know the Church of England know the meaning of Christian charity.

Unless your property used to be a vicarage or something I suspect Ground 5 might not apply (but best ring Shelter for some proper advice). If the worst comes to the worst the council is duty bound to find you accommodation, even then you will be given notice of when you will be evicted.

poppysarah

I don't think they can increase the rent again so soon anyway but as they're after you going you shouldn't worry about the rent rise.

Has HB paid October's rent?

theoldcastle

Yes HB has been paid for Oct, but I made sure it was paid in earlier than usual so that the LL could see I was staying after 27Th Sept.But I did notify them asap to let them know I couldnt pay the 2nd rent rise.