If you're a landlord looking for a faster and simpler way to regain possession of your property, an accelerated possession order might be the right solution. While this process is designed to save time, it still involves some legal steps. In this guide, we’ll break down what an accelerated possession order is, how it works, and what you need to know to make the process as smooth as possible.
What is an accelerated possession order?
Accelerated possession orders allow landlords to evict tenants without a court hearing. It's often quicker and more efficient than a standard possession order, which involves a court review. Landlords can apply for an accelerated possession order if their tenants have not left by the date specified in a Section 21 notice and they’re not claiming rent arrears.
In general, accelerated procedures are a popular option for landlords looking to regain possession of their property quickly and efficiently.
When can landlords evict tenants using accelerated possession?
A landlord can only apply for an accelerated possession order if:
They have a clear reason to evict the tenants
Tenants have an assured shorthold tenancy (AST) or a statutory periodic tenancy
There is a written tenancy agreement
They have given tenants the required written notice in the right way
Tenants are not being asked to leave before the end of a fixed-term tenancy
When can’t accelerated possession be used?
If a tenant can prove a landlord has now followed the rules above, accelerated possession can't happen. For example, landlords can't serve a section 21 notice if the tenancy is any other than an AST or statutory periodic tenancy or if there is no written tenancy agreement.
Accelerated possession procedures: How it works
To get an accelerated possession order, landlords must serve tenants with a valid Section 21 notice at least 6 months after the start of their tenancy, giving them two months to vacate the property. If the tenant doesn’t leave by the specified date, the landlord can apply to the court for an accelerated possession order.
1. Apply for an accelerated possession order
In England, landlords can apply for an accelerated possession order using Form N5B England. This form should be completed and sent to the nearest court that deals with housing possession along with the tenancy agreement, Section 21 notice, energy performance and gas certificates (EPC), a deposition protection certificate, and a copy of the How to Rent guide that was given to tenants at the start of their tenancy.
2. Court review
The application will be considered by a judge who will either:
Issue a possession order telling the tenants they must leave the property by a certain date or;
Arrange a court hearing.
Typically, a court hearing is only necessary if there is a problem with the form (e.g. it is ambiguous or key information is missing) or if tenants raise an important issue. Even if the judge does set a court hearing nothing is set in stone in terms of the outcome either way, instead they will use the hearing to decide whether to grant the possession order or dismiss the case.
3. Approval of possession order
If the application is approved by the court, tenants will receive a copy of the application and a defence form. Tenants then have 14 days to challenge the application from the date they receive it or write a statement outlining their circumstances.
Tenants usually have 14 or 28 days to vacate the property related to the possession order. However, in exceptional circumstances, a judge may give tenants up to 42 days to leave if they are facing hardship.
Can tenants stop accelerated possession proceedings?
Tenants can usually only put the brakes on accelerated possession proceedings if they can prove their landlord hasn’t followed the necessary rules to evict them legally, for example, if:
The landlord did not provide proper notice;
The landlord attempts to use the process without legal justification.
What happens if tenants do not leave following an accelerated possession order?
If tenants do not leave a property related to a possession order by the stated dates, landlords can enforce the order with the help of bailiffs who will evict the tenants.
How much does an accelerated possession order cost?
According to Gov.UK, an accelerated possession order costs landlords £391. This must be paid when applying to the relevant court that deals with housing possession. This fee does not include include solicitors' fees should you decide to use the expertise of a landlord and tenant solicitor.
How long does it take to get an accelerated possession order?
The accelerated possession procedure is designed to be quicker because tenants have limited grounds to defend a Section 21 notice. On average, it can take anywhere between two and six months to regain possession of a property through an accelerated possession order, whereas standard possession procedures can take around six to twelve months. Bear in mind this is a rough average and every procedure will be unique.
Can a landlord reclaim rent arrears with an accelerated possession order?
Landlords can’t reclaim rent arrears through an accelerated possession order. Landlords who wish to do this should serve a Section 8 notice. Alternatively, they can use the accelerated procedure to reclaim the property, and then make a separate court claim for rent arrears.
What are the benefits of accelerated possession orders?
Accelerated possession orders can offer several big advantages for landlords. These include:
Speed: The process is typically faster than a standard possession order, often taking around 6-8 weeks from application to resolution, provided there are no complications.
Simplified process: Since it doesn’t involve a court hearing (in most cases), the procedure can save time and reduce the stress of appearing in court.
Focus on possession: The process is specifically designed for landlords who simply want their property back and are not claiming unpaid rent, keeping it streamlined and efficient.
Predictability: As long as the paperwork is in order and a valid Section 21 notice has been served, the outcome is generally straightforward.
Do landlords need to use a solicitor to get an accelerated possession order?
No, landlords do not need a solicitor to apply for an accelerated possession order, however, it is a good idea to seek legal advice before doing so, particularly if a landlord is unfamiliar with how to evict a tenant legally, or if the situation is particularly complex. Doing so will help landlords understand all of their options when it comes to reclaiming possession of their property in line with the current law.
What are the alternatives to an accelerated possession order?
As noted, an accelerated possession order isn’t always appropriate or possible. However, there are alternatives such as:
Applying for a standard possession order instead
Using the government’s online service to make an application to evict a tenant for rent arrears
Fill in the relevant forms and send them to the court if the landlord is evicting them because of a breach of the tenancy agreement
Are accelerated possession orders going away soon?
Yes, accelerated possession orders are expected to be phased out in the near future. The UK government's proposed Renters' Rights Bill 2024 aims to abolish Section 21 'no-fault' evictions, which currently allow landlords to evict tenants without providing a reason.
As of 2025, the bill is under consideration, and the exact timeline for these changes is yet to be finalised. Landlords should stay informed about legislative developments to understand how these reforms may impact their rights and responsibilities. You can learn more in our guide to when will Section 21 be scrapped?
FAQs
How long does an accelerated possession procedure take?
On average, the process takes about 6-8 weeks from the time the court receives your application. However, this can vary depending on court workloads and whether there are any delays, such as errors in paperwork or tenant responses.
What is the claim form for an accelerated possession procedure?
The main form you’ll need is Form N5B (Claim Form for Possession of Property - Accelerated Procedure). This form is specifically for cases where you are not claiming rent arrears and have served the appropriate Section 21 notice to the tenant.
What’s the fastest a landlord can evict a tenant?
The fastest timeline is typically around 4-6 weeks if everything goes smoothly - this includes properly serving the Section 21 notice, submitting a flawless application, and the tenant not contesting the eviction. Keep in mind, factors such as court processing times can influence this.
Can a landlord get an accelerated possession order without serving a section 21 notice?
No, a landlord can’t apply for an accelerated possession order if they have not yet served their tenants a valid Section 21 notice.
How can Lawhive help?
Evicting a tenant legally can be a challenge, particularly when faced with uncooperative behavior.
Here at Lawhive, our network of landlord and tenant solicitors understands the difficulties you may face and is ready to offer tailored legal advice and support to alleviate your concerns. Plus, with our fixed fees, you can have peace of mind knowing the costs upfront.
For further information, book your free case assessment and receive a no-obligation quote from our dedicated legal assessment team today.