All about the accelerated procedure.
Accelerated possession is a procedure that requires no court appearance (unless defended).
The first and latest tenancy agreement is required. Providing the landlord has at least the latest
tenancy agreement, where the notice has ended that tenancy, you can use the accelerated route but not without an overriding statement showing the rules.
The eviction process has become so complex, that only a competent practitioner should really be under taking this where issues of returned deposits and compliance with the deregulation act require an overriding statement. We can give peace of mind with your paperwork.
We give you the assurance that we will prepare your accelerated procedure because we believe that you will get the possession order.
Let us prepare your court paperwork
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If you have served a section 21 notice and would like assistance with the court procedure we give a friendly and highly competitive and very skilled service. We will only prepare your paperwork if we think it will definitely go through, and provide a reason why it will not and a remedy to fix it.
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No matter what eviction issues arise, we have seen it and dealt with it thousands of times, and it is very unlikely that your high street solicitor will have dealt with a fraction of the eviction cases for Landlords that we have.
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We can create your whole procedure from scratch and help you 'fix' any issues with regard to the notice if the deposit was not protected on time.
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If you are a Letting Agent or Landlord seeking a reliable source for your occasional tenant problem please call for a free consultation.
Overriding Statement
Key to getting yours through first time and without a court appearance is to include an overriding statement.
You may submit your bundles with no overriding statement but if for example the deposit was returned, by revealing the technical reason and quoting the act or bill that made your notice valid in those circumstances will save a court appearance for that issue in most cases.
Exceptional Hardship in this procedure is when the tenant reply's using the defense form to the question would a fourteen day order cause exceptional hardship, and if so they can request a delay of up to 42 days. They all request a delay of the 42 days especially if they are living rent free and the court typically orders an exceptional hardship hearing which might be any amount of time say two to four weeks. If they 'win' the order is a further 42 days but it has already taken four weeks to get there.
Do you think there is something wrong with that? Too right there is. The fact is that the hearing as described above is an illegal hearing. We have become so tired of this that now we always include ALL of the rules about what the court has the power to do and not do when making a possession order.
The result? We are shocked at the outstanding result that this has had in giving the 14 day order without a hearing or the hearing within the 14 days as allowed in the rules.
Our aim
Getting a 14 day possession order without a hearing for you using this route we do routinely and daily and we believe in a fair fee for our expertise and ongoing support until you get your house back.
When you get your possession order you email a copy to us and we return the completed warrant for last form to you with easy instructions at no extra cost.
Call now or contact us here for a free consultation.