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
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