Accelerated Tenant Eviction

How do I obtain a court order for possession

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How do I obtain a court order for possession?

To obtain any order for possession the landlord must show that the tenant breached the terms of the lease agreement using one of several grounds set out in the Housing Act 1988 amended by the Housing Act 1996.

These grounds for possession apply to most tenancies entered into after 15 January 1989. Some grounds are mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract. Some are discretionary, where it's up to the judge to decide if possession is granted dependent on the circumstances.

An application may be made through the court in person or by post, but if speed is a consideration it is better to use the Possession Claim Online (PCOL) system, the HM Courts & Tribunals Service's Internet-based resource for claimants and defendants.

The PCOL route is very efficient. Often, Access Legal’s landlord law team will be given a date for a court hearing the same day as proceedings are commenced online. Occasionally, that's the same day as we are instructed by the client. We can then advise the client immediately about where and when they have to attend court.

This is much quicker than sending papers to the court which can often stay dormant in the system for a long period even if a hearing may not be required. The tenant will still be given a four week opportunity to respond to the papers. However using PCOL does at least give some certainty as to when the matter will be looked at by the court.

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