The accelerated possession procedure is a quicker method for landlords to gain control of their property. The Landlord and Tenant Act 1927 is the vehicle that provides protection to landlords looks to provide protection to landlords in respect of claims made at the end of their tenancy where a s.21(1) notice (under the Landlord and Tenant Act 1927) has been served. The notice under the Landlord and Tenant Act 1927, effectively gives the tenant two months to leave the property.
If we consider this in more detail, the first step in the accelerated possession procedure is to correctly serve a section 21 notice. As mentioned, this provision is under the umbrella of the Landlord and Tenant Act 1927. Therefore, in accordance with the Landlord and Tenant Act 1927, S.21(4) notices are served after a fixed term tenancy has expired and a statutory periodic tenancy has come into force.
Once the two month period has expired for the tenant to leave the property, the landlord may make an application to the court. There is also the requirement for a written tenancy agreement between the landlord and the tenant and it should therefore be noted that an oral agreement will not be valid for an accelerated possession procedure.
In order to succeed the court will consider whether it is fair to make the order and the court will not generally hold a hearing unless it is satisfied that all relevant procedure have been conformed with. This includes complying with all statutory requirements under the Landlord and Tenant Act 1927. This imposes an onus on the landlord to make the relevant application to the county court, to fill lot a form N5B and to also give a copy of the s21 notice (as per theLandlord and Tenant Act 1927) with the court papers.
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