
Claims for possession of property are heard in the county court.
In the majority of cases, which involve Assured Shorthold tenancies,
the Court can grant you possession without a hearing. This is
called the "accelerated possession procedure". Whilst
it is called "accelerated", it is not necessarily
speedy but it can be quicker than waiting for a court hearing.
You can seek possession through this procedure if the tenancy
is an Assured Shorthold tenancy and there is a written tenancy
agreement. If the tenancy is an Assured tenancy, you can rely
on the accelerated possession procedure but only if you are seeking
possession on certain grounds. You cannot use this procedure
if you are seeking possession and rent arrears.
You have to issue
a summons and pay a fee to the court. If the Court decides
you can have the property back, it will grant you
a possession order which will normally expire after a minimum
of14 days. The Court could grant up to 42 days if it sees fit.
In the event that your tenant does not move out after the possession
order has expired, you will need to seek a warrant for the
eviction from the court. There is a further fee for this.
The warrant
must be carried out by the court bailiff.
 |