Vacating tenants can be a very time-consuming process. If you’re a landlord seeking an Accelerated Possession Order or need to manage an Eviction for Rent Arrears, you must follow strict legal measures. Not adhering to the legalities can result in being guilty of illegally evicting your tenants.

Just at the moment, we are seeing a lot of landlords coming to us for eviction services, and when we review their paperwork it is not precise.  This can lead to a problem in getting to the eviction stage so we are going to ask Charles Stevens of Shergroup Legal to guest blog for us on what he is seeing, and how to fix it.

So as you probably know the procedure you must use as a landlord to remove your tenants will be determined by the type of tenancy agreement.

In England and Wales, since the 15^{th of} January 1989, the majority of tenancies granted will be Assured Shorthold Tenancies.  This type of tenancy allows landlords to manage their tenants by bringing the tenancies to an end when using established court-based processes, one of which is known as an ‘accelerated possession order’.

What is an Accelerated Possession Order and When Can it be Used?

An accelerated possession order allows landlords to regain possession of their property without having to show that the tenant has breached the terms of their tenancy. In order to use this process, the landlord has to serve a Section 21 eviction notice on the tenant giving them at least 2 months’ notice that they must vacate the property.

The landlord can only use the accelerated possession procedure if |

• the tenancy must be an assured shorthold tenancy.
• the tenant hasn’t moved out despite receiving a notice and being given a reasonable notice term of at least 2 months.
• On the expiry of the section 21 notice period, the tenancy must have been running for at least 6 months.
• On the expiry of the section 21 notice, the fixed term of the tenancy must have expired.

How Long Does An Accelerated Possession Order Take UK

An accelerated possession order in the UK typically takes around 6 to 8 weeks from the court application to gaining possession, assuming no complications. The process starts with serving a valid Section 21 notice, giving the tenant at least 2 months’ notice to vacate. Once the notice period expires, the landlord submits the possession order application, which the court processes in about 2 to 4 weeks. The tenant then has 14 days to respond, and if there are no objections, the court can issue a possession order without a hearing, usually taking another 2 weeks. If the tenant fails to leave, the landlord may need to apply for a warrant of possession, adding an additional 2 to 4 weeks for bailiffs to enforce the order.

Is evidence needed for an accelerated possession order?

Yes. To carry out an accelerated possession order, the landlord must complete an application and submit it along with the following evidence to support their case. This includes:

• A copy of the AST Agreement
• A copy of the relevant Notice which was served on the Tenant
• Any documents relating to a licencing scheme of the local authority (, if applicable)
• Proof that any deposit payment has been held through a licensed deposit scheme which is set up on strict legal requirements and that the tenant has been provided with the prescribed information in relation to the deposit.
• If the tenancy started before the 27^{th of} February, a copy of any pre-tenancy notice served on the tenant advising them that their tenancy was an assured shorthold tenancy

If the tenancy began after 1st October 2015, additional evidence will need to be submitted including :

• An up-to-date Energy Performance Certificate (EPC).
• An up-to-date Gas Safety Certificate
• An appropriate copy of the “How to Rent Guide,” which is a government document, should have been issued by the landlord at the start of the tenancy

The Accelerated Possession Procedure cannot be used for casual or verbal tenancy agreements.  If the tenancy is based on such an agreement, then a claim for possession will need to be made, and a court hearing will determine the outcome for the parties.

What Happens Once a Landlord Applies For an Accelerated Possession Order?

After completing and submitting an application for accelerated section 21 procedure possession, the landlord must submit it to the court along with all relevant evidence. The tenant will receive a copy of the application as well as a copy of a defence form, which they are free to complete if they wish.

The judge will then either:

• Make an order giving a date upon which the tenant is to give up section 21 procedure possession which is usually around 2 weeks from the date of the order however it could be up to 6 weeks in certain circumstances.
• Dismiss the case if the notice is found invalid.
• Decide that a full hearing is necessary and set a hearing date – this will happen where the Tenant is likely to put in a Defence to the claim for section 21 procedure possession

Can The Tenant Defend a Claim for Accelerated Possession?

The answer is yes.  Tenants have a right to put up a Defence against an accelerated possession application through the filing of their Defence documentation.  The court only allows 14 days for the tenant to complete and return the form and Defence will only stand if:

• The landlord did not give the tenant reasonable notice of eviction
• The landlord does not have the legal right to use the accelerated possession process – which will include situations in which the Notice which has been served on the Tenant is found to be defective

How Long Does it Take For a Tenant to Move Out?

When a judge issues an accelerated possession order, tenants have 14 or 28 days to vacate the property. If the judge believes there are exceptional or special circumstances, the tenant may be given up to 42 days to vacate the premises.

Tenants are not required to pay rent during the eviction period provided by the accelerated possession order’s terms. If rent is withheld, the landlord can apply to the court for a court order to recover it.

Summing-up

Shergroup Enforcement offers a range of specialist legal and high court enforcement services to enforce possession orders so you can get back possession of your property as quickly as the law allows.

Our “one-stop shop” approach allows us to help you serve Notices in the correct form ensuring that the notices are valid, issue proceedings for possession, and then enforce any resulting possession order in the High Court.  We will always ask the Court for permission to transfer the eventual order for possession to the High Court, using the discretionary power granted to a District Judge under Section 42(2) of the County Courts Act 1984.  Once granted we can apply to the High Court for a Writ of Possession which in turn can save landlords several weeks, or even months in waiting for an eviction date.

To get started send us either your Notices, Tenancy Agreement, and if you have an Order for Possession, to our central hub at [email protected].  We will pass this to one of our expert advisors to review your paperwork and guide you on your options.

Frequently Asked Questions

1. How long does an accelerated possession order take in the UK?

An accelerated possession order in the UK typically takes around 6 to 8 weeks after the court application, provided the paperwork is correct and the tenant does not challenge the claim. Before applying, landlords must serve a valid Section 21 notice giving at least 2 months’ notice to the tenant. Once the notice expires, the court reviews the application and can issue a possession order without a hearing. If the tenant still refuses to leave, landlords may need to apply for bailiffs or transfer enforcement to the High Court to regain possession of the property.

2. Can a tenant be evicted immediately in the UK?

No, a tenant cannot usually be evicted immediately in the UK. Landlords must follow a legal eviction process, which normally begins with serving a Section 21 notice or Section 8 notice, depending on the reason for eviction. The tenant must be given the legally required notice period before court proceedings can begin. Attempting to remove a tenant without following the correct legal procedure may be considered illegal eviction, which can result in penalties for the landlord.

3. What is the minimum notice period for eviction in the UK?

The minimum eviction notice period in the UK depends on the type of notice served. A Section 21 notice requires at least 2 months’ notice for assured shorthold tenancies. A Section 8 notice may have a shorter notice period depending on the grounds for eviction, such as rent arrears or anti-social behaviour. Landlords must ensure that the notice is valid and served correctly before applying to the court for a possession order.

4. On what grounds can a tenant be evicted in the UK?

A tenant can be evicted in the UK for several legal reasons under the Housing Act 1988. Common grounds include rent arrears, breach of tenancy agreement, property damage, anti-social behaviour, or the landlord wanting to regain possession after the tenancy ends. Landlords usually use a Section 8 notice for breach of tenancy or a Section 21 notice for no-fault possession, depending on the situation.

5. How hard is it to evict someone in the UK?

Evicting a tenant in the UK can be complex and time-consuming because landlords must follow strict legal procedures. The process typically involves serving the correct notice, applying to the court for a possession order, and possibly using bailiffs or High Court Enforcement Officers if the tenant refuses to leave. Errors in paperwork or notice procedures can delay eviction for weeks or even months, which is why many landlords seek professional legal or enforcement support.

Call to Action

If you are a landlord dealing with tenant eviction, rent arrears, or an accelerated possession order, the Shergroup team can help you navigate the legal process quickly and correctly.

Shergroup provides a complete end-to-end eviction and enforcement service, from serving valid notices to enforcing possession orders through the High Court.

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