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Seeking possession

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.


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