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Property Law

Landlords

Accelerated Possession Orders

Assigning a Lease

Procedure of Evicting a Tenant

Lodgers and Landlords

Landlord and Tenant Rights

Obligations Under the Code of Practice for Leasing Business Premises

Notice to Quit

Sitting Tenants and Selling

Squatters and Adverse Possession

Squatters and the Law Regarding Their Removal

Break Clauses in Commercial Property Leases

Tenants

Cohabitants Property Rights

Joint-Tenancy Eviction

Tenancy Agreement

Tenants in Common

Tenants Deposit Scheme

Tenants With Landlords in Mortgage Arrears

Who Can Enter Your House

Mortgages

Eviction for Mortgage Arrears

Mortgage Arrears: What to Do

Rights of the Mortgagee

Rights of the Mortgagor

Mortgage Fraud

Charging Orders Relating to Property

Homeowner Repossession Risks

Trusts

Different Types of Trusts

Strangers Assist Breech of  Trust

Strangers Acting as Trustees

How to Create an Express Trust

Constructive Trusts

Ownership Family Property

English Constructive Trusts

Buying Property

Buying the Freehold of a Leasehold Flat

Deed of Confirmation

Estate in Fee Freehold

Buying Property Plans to Extend

Conveyancing Procedure

Conveyancing Leasehold

Losses When Property Deal Falls Through

Home Information Pack

Lock Out Agreements

Legalities in Newly Built Properties

Property Deal Falling Through

Regulations

Energy Performance Certificate

Obtaining Planning Permission

Presumption of Advancement in Relationships

Rebutting Presumption of Advancement

Solicitors Retain Funds from Property Transactions

Timeshare Agreements

Lost Title Deeds

Guarantors

Restrictive Covenants

Home Exchanges

Intentionally Homeless

Proprietary Licences

Long Term Care Home Rights

Neighbour Disputes

Problems With Neighbours

Disputes With Neighbours

High Hedges Act

What is an Accelerated Possession Order

An accelerated possession order is sought by a landlord when he wants to take a property back into his possession, usually to avoid large losses as a result of a tenant who refuses to pay rent or is unable to continue doing so.

When can a landlord apply for an Accelerated Possession Order

Before a landlord can apply to the court to obtain a possession order they must firstly have served what is known as a section 21 notice on the tenant which lets them know that the landlord requires possession and gives the tenant 2 months notice to quit the property. The 2 month period has to expire before the landlord makes an application to the court. Further, there must also be a written tenancy agreement (this is a contract between the landlord and the tenant) in existence and it is therefore important to note here that a verbal agreement is not sufficient in order to make an application for an accelerated possession order.

If a landlord has made an application for this type of order it means that the tenant will have signed an assured shorthold tenancy agreement meaning that the landlord will not have to show any of the grounds for possession that would have to be shown if the tenant had instead signed an assured tenancy. This thus means that, the latter agreement (assured tenancy agreement) provides the tenant more protection in the circumstances where a landlord wants to regain possession of the property in which the tenant lives in.

What will the court take into consideration

The court will not consider whether it is reasonable or fair to make the order and there will not usually be a court hearing for the granting of accelerated possession orders unless:

In the circumstances where a case for exceptional hardship has been made, possession may be delayed for a period of up to 6 weeks. If neither of the above grounds are made out by the tenant however, a possession order will usually take immediate effect as from the time that the court grants it.

What procedure will be followed for the application for these orders

To begin with, the landlord should make an application to the county court which is situated in the district within which the property is located. Form N5B is to be filled out and filed with the court and, a copy of the section 21 notice which was served on the tenant giving 2 months notice must be exhibited with the court papers. Once the tenant receives the court documents he must file a defence within 14 days. Failure to file the defence within that time period means that the landlord can then request that the accelerated possession order be made.

What do I do if an application for an Accelerated Possession Order has been made against me

In the event that an application for an accelerated possession order has been made against you, you must begin by reading the documents sent to you very carefully before sending back a response. If for any reason you do not understand the form or you need help completing it, you should consider getting advice from a Solicitor or any other relevant body, such as the Citizensí Advice Bureau, immediately. The court may, as mentioned above, take into consideration any circumstances that make up a case for exceptional hardship (s.89 Housing Act 1980). The following circumstances are examples of exceptional hardship: 

This list is not exhaustive but, the circumstances outlined are the most common grounds for constructing an exceptional hardship defence.

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