Accelerated Tenant Eviction

How to evict a tenant quickly

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How to evict a tenant quickly?

As long as the landlord has served the right notices and provided all of the required prescribed information in the correct form, attended to dilapidations at the property and protected the deposit, a tenant should not be able to defend or unduly delay accelerated possession proceedings.

Once you get the possession order, this is not the end of the story. The tenants can apply to the court for more time in cases of ‘exceptional hardship’. The definition of ‘exceptional hardship’ is fairly flexible, but at least for this type of claim judges cannot allow the tenant more than six weeks from the date the order was made.

If the tenants have not left by the date in the court order for possession, you will need to make an application for the County Court bailiffs to physically evict the tenants. In some courts you can get an appointment in about two to three weeks, but in many courts (particularly the busy London courts) you will face a far longer wait.

The order for possession can be transferred to the High Court after which the tenant eviction can be done by the High Court Sheriffs also known as High Court Enforcement Officers (HCEOs) who will normally give you an eviction date in a few days.

Using an HCEO does have advantages compared to the powers of a County Court Bailiff, but their services are considerably more expensive than the Bailiff’s fee. if you wish to use this option we would suggest you liaise with us at an early stage of proceedings.

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