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You can use an accelerated process only if you do not wish to claim for any rent arrears, interest or costs other than fixed costs.
Once the relevant Notice has expired, the proceedings are forwarded to the Court and the matter will be down for a hearing unless the accelerated process has been used. We now have the ability to use a system called PCOL for Non-Accelerated Proceedings (PCOL is not yet available for Accelerated Possession Proceedings).
It is a computer system which allows us to obtain court hearings online without sending the papers to the Court via post. We should get details of when the court hearing will take place shortly after entering your details online. Often we will get details of when the hearing will be the same day as making the application on-line. This does not mean the hearing will be the same day. It means that we may be able to tell you when the hearing will be shortly after you have instructed us.
How can I fund my dispute?
How do I start proceedings against my tenant?
Success in these cases depends on submitting information in the correct format at the correct time. Most of these cases are thrown out because a simple clerical error was made in the forms or the landlord failed to correctly serve the required prescribed information. Access Legal can help you avoid these pitfalls.
If tenants fail to leave a property when a valid and properly served notice expires then we would apply to the county court in the area in which your property is situated for a possession order. Access Legal can prepare everything the court will need to see: claim form for possession of property and the tenancy agreement as well as a copy of the notice and evidence of its service.
We will also need to present evidence that a deposit has been placed into a government-approved tenancy deposit scheme and of course payment for the court fee (details of which can be obtained by searching for leaflet EX50 on The Court Service website).
If the property is a House in Multiple Occupation (HMOs) or is in an area designated for licensing by the local authority, we will need to provide a copy of the licence or evidence that one has been applied for. The tenants will have 14 days from the date your claim is served on them to send their defence (if any) to the court stating why they oppose the claim or seek a postponement of possession on grounds of 'exceptional hardship'.
Once a possession order has expired, should the tenant not vacate, the County Court Bailiff may be instructed. That process can take a further 4-6 weeks. The whole process can take up to four months from when we are instructed to obtaining possession of the property. In more complicated matters (for instance where a tenant makes allegations of deposit irregularity, harassment or dilapidations) then the process can take longer to resolve.
Please note that under the Court's own rules, the court cannot set the hearing date any earlier than four weeks from the date of the issue of the proceedings online. Access Legal will book an advocate to attend the hearing on your behalf. However, there will still be a need for either you or your representative to attend. If it is your intention to send a representative we will need to discuss with you whether they will be suitable as they may be called on to give evidence.
At that hearing we will ask the Court to make an order for possession and issue a money judgment for any rent arrears, mesne profit (rate for use and occupation arising between the hearing date and the eventual eviction of the tenant), interest and full costs - a schedule of which will have been filed prior to the hearing.
'You need to have a legal team who are caring, who you absolutely trust and who will tell you the truth. Certainly from our point of view Denise Stephens from Access Legal has been absolutely amazing.'
Access Legal is the private client arm of Shoosmiths, a national law firm with offices throughout the UK. Our best in class lawyers work with individuals and their families to achieve the best result & solve their practical problems.Why Access Legal