When a landlord wishes to take possession of a property let under an Assured Shorthold Tenancy (AST) in England and Wales, they can use the accelerated possession procedure. This process allows landlords to regain possession of their property more quickly than standard possession procedures. However, tenants have the right to defend against an accelerated possession claim by submitting a defence form. In this article, we will explore the defence form accelerated possession procedure and what tenants need to know about defending their rights.
The accelerated possession procedure was introduced to streamline the process of evicting tenants under an AST who have breached their tenancy agreement. This procedure is faster and more cost-effective for landlords, as it does not involve a court hearing unless the tenant submits a defence form. If the tenant fails to defend against the claim or does not comply with the court order, the landlord can apply for a warrant of possession to evict the tenant.
When a landlord serves a Section 21 notice on a tenant, they must wait for the notice period to expire before applying for accelerated possession. If the tenant remains in the property after the notice period has ended, the landlord can file a claim for possession using a standard court form. The court will then issue an order for possession, giving the tenant a deadline by which to leave the property.
If the tenant wishes to defend against the accelerated possession claim, they must submit a defence form to the court within 14 days of receiving the claim form. The defence form allows the tenant to outline their reasons for opposing the claim and to provide evidence to support their defence. Common defences against an accelerated possession claim include disputes over the validity of the Section 21 notice, breaches of the tenancy agreement by the landlord, or counterclaims for disrepair or harassment.
It is important for tenants to seek legal advice when defending against an accelerated possession claim, as the process can be complex and daunting. A solicitor can help tenants understand their rights and obligations, prepare their defence form, and represent them in court if necessary. Tenants should also gather any relevant evidence to support their defence, such as correspondence with the landlord or records of repairs needed in the property.
Once the defence form has been submitted, the court will review the tenant’s defence and may schedule a hearing to consider the case. At the hearing, both parties will have the opportunity to present their arguments and evidence before the judge makes a decision. If the tenant’s defence is successful, the court may dismiss the accelerated possession claim or adjourn the case to allow for further evidence to be provided.
If the court upholds the accelerated possession claim, the tenant will be given a deadline to vacate the property. Failure to comply with the court order can result in the landlord applying for a warrant of possession, which authorizes bailiffs to evict the tenant from the property. Tenants should be aware that having an accelerated possession order against them can affect their ability to rent in the future, as it may show up on their rental history checks.
In conclusion, the defence form accelerated possession procedure provides tenants with an opportunity to defend against claims for possession brought by their landlords. By submitting a defence form and seeking legal advice, tenants can protect their rights and delay or prevent eviction from their rented property. It is important for tenants to understand the accelerated possession procedure and their options for defending against it to ensure a fair outcome in their case.