Accelerated Possession Procedure

• Posted by tenancy solved May 31, 2018 - #Accelerated Possession Procedure  - 426 views

  

  This can be used to claim possession of a residential property without going to Court. It is only applicable following service of a Section 21 Notice. It cannot be used if it is claimed that there has been a breach of the tenancy agreement by the tenant. The case must also meet the requirements in Part 55.12 of the Civil Procedure Rules.

   

  Civil Procedure Rules (CPR) – found at https://www.justice.gov.uk

  These are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in England and Wales.

  • CPR 55.12 Requirements
  • An assured short hold tenancy was granted after 15/1/1989,
  • Its only purpose is to recover possession.
  • The tenancy did not automatically follow an Assured tenancy which was not an Assured short hold tenancy.
  • The tenancy is subject to a written agreement or follows a tenancy where there was a written tenancy.
  • A Section 21(1)(b) or Section 21(4)(a)Notice has been served.

  If the Accelerated Possession Procedure has been used a copy of the Claim form and a Response pack will be issued to the tenant from the local County Court. If a defence is filed within 14 days by the tenant the judge will decide if a hearing should be scheduled for a Court hearing. If no defence can be found by the judge then a possession order will be made without a Court hearing.

   

  Which Court?

  Any claim for possession will be commenced is the County Court which is local to the occupied property. Local court locations can be found at https//:www.courttribunalfinder.service.gov.uk.

  

  by: tenancy solved uploaded May 31, 2018