When it comes to dealing with issues of possession of property, the legal system offers various procedures to help resolve disputes in a timely and efficient manner One such procedure is the Order for Possession Accelerated Procedure, commonly referred to as OPAP This specific process is designed to provide a quick resolution for landlords seeking to regain possession of their property from tenants who are in breach of their tenancy agreement.
The Order for Possession Accelerated Procedure is governed by Part 55 of the Civil Procedure Rules (CPR) in England and Wales It is important to note that this procedure is only available to landlords who are seeking possession of their property on specific grounds, such as when a tenant has failed to pay rent or has breached other terms of the tenancy agreement Landlords must follow a strict protocol when applying for an order for possession through the accelerated procedure.
The first step in initiating the Order for Possession Accelerated Procedure is for the landlord to serve a Section 21 notice to the tenant This notice informs the tenant that the landlord wishes to regain possession of the property at the end of the tenancy agreement or after a specific date The notice must comply with the regulations set out in the Housing Act 1988 and must give the tenant at least two months’ notice before seeking possession through the courts.
If the tenant fails to vacate the property by the specified date in the Section 21 notice, the landlord can then apply to the court for an accelerated possession order The application must be made using Form N5B, which sets out the grounds for possession and includes details of the Section 21 notice served on the tenant The landlord must also provide evidence to support their claim for possession, such as copies of the tenancy agreement and proof of service of the Section 21 notice.
Once the court receives the application for an accelerated possession order, it will usually process the case quickly and without a hearing order for possession accelerated procedure. The court will review the documentation provided by the landlord and, if satisfied that the requirements of the accelerated procedure have been met, will issue an order for possession This order will specify a date by which the tenant must vacate the property, usually within 14 to 28 days of the order being made.
If the tenant fails to vacate the property by the date specified in the possession order, the landlord can then apply for a warrant of possession This warrant gives the landlord permission to instruct bailiffs to evict the tenant from the property forcibly if necessary The bailiffs will attend the property on the specified date and remove the tenant and their belongings, allowing the landlord to regain possession of the property.
It is important for landlords to follow the correct procedure when seeking possession of their property through the accelerated process Failing to do so could result in delays or the case being thrown out of court Landlords must ensure that they have served the Section 21 notice correctly and that they have provided all the necessary documentation to support their claim for possession.
In conclusion, the Order for Possession Accelerated Procedure offers a quick and efficient way for landlords to regain possession of their property from tenants who are in breach of their tenancy agreement By following the correct protocol and providing the necessary evidence, landlords can use this procedure to resolve possession disputes in a timely manner.