CRITERIA TO BE FULFILLED

Are you eligible to use the accelerated possession procedure?

Here is a list of the basic criteria necessary in order to bring successful accelerated possession proceedings:
• You must be a private landlord (ie not a local authority or housing association).
  
• The Tenancy Agreement must have started after 15 January 1989 because tenancies on or before this date are protected under the Rent Act 1977.
  
• You must have let the property using a written tenancy agreement to benefit from the accelerated possession procedure.
  
• All tenancy agreements with the tenants in occupation are "Assured Shorthold Tenancy" agreements.
  
• If the property in question involves "House in Multiple Occupation" ("HMO"), you must be licensed under the Housing Act 2004.
  
• If Tenancy Agreement was renewed or issued after 6th April 2007, the deposit must have been protected and paid into a government-approved tenancy deposit scheme and the tenant notified where the deposit held before a Section 21 Notice is served.
  
• Tenants have occupied the property for at least 6 months.
  
• Any fixed term has come to an end unless a break clause allows you to bring the tenancy to an end earlier.
  
• Accelerated possession procedure cannot be used by tenants who satisfy the "agricultural worker condition" definition as set out in schedule 3 of the Housing Act 1988. If one of your tenants is employed in agriculture, whether full time or under a permit, then the 'agricultural worker condition' may apply.
  
• You have served a valid notice on the tenants in compliance with section 21 of the Housing Act 1988 ("A Section 21 Notice") or an accelerated possession order will not be available.
  
• You can prove that the Section 21 Notice has been properly re-served - we advise against service by post and prefer to use trusted Process Servers who will prepare an Affidavit of Service for Court use.
  
• The Section 21 Notice has expired - see: The Section 21 Notice