Accelerated Possession Orders: A Guide for Renters in England
If you’re renting in England, you may have heard about ‘accelerated possession’ used by landlords when ending a tenancy. Knowing what this means, and how it could affect you, is vital if you’ve been served an eviction notice—especially one known as a Section 21 notice. This guide explains the process, your rights, and the forms involved, using plain English and links to official government resources.
What Is Accelerated Possession?
Accelerated possession is a special court procedure used by landlords in England to regain possession of a property let on an Assured Shorthold Tenancy (AST), without making a claim for unpaid rent. The landlord must first serve a valid Section 21 notice and, if you do not leave after the notice period, they can apply to the court for possession using a fast-track (accelerated) process. This process usually doesn’t require a court hearing, making it quicker for landlords.
When Can Accelerated Possession Be Used?
Landlords can use accelerated possession in England if certain requirements are met:
- You are (or were) renting on an Assured Shorthold Tenancy
- Your landlord has given you a proper Section 21 notice (called ‘Notice seeking possession’)
- The notice period in the Section 21 has passed (usually at least 2 months' notice)
- Your landlord is not making a claim for unpaid rent at the same time
- The tenancy deposit, if taken, has been protected in a government scheme
- You have received the necessary ‘How to Rent’ booklet and certificates (such as gas safety)
If you’re unsure about any of these, check the official accelerated possession guidance for England.
Key Forms and Documents Renters Should Know
Section 21 Notice (‘Notice Seeking Possession’)
- Form Name/Number: Form 6A
- When and How It’s Used: Your landlord gives you this form to start the eviction process using accelerated possession. For example, you receive a Form 6A by post, telling you to leave your home in two months.
- View Form 6A – Section 21 notice
Accelerated Possession Claim Form
- Form Name/Number: N5B Claim Form for Possession of Property (Accelerated Procedure)
- When and How It’s Used: Your landlord completes this form to apply to the court if you haven’t left after the Section 21 notice period. For instance, if you remain in the property after the 2 months’ notice, your landlord may send this form to the County Court.
- View Form N5B (Accelerated Possession application)
How Does the Accelerated Possession Process Work?
Here’s what typically happens:
- Your landlord serves you a valid Section 21 (Form 6A) notice
- They must wait for the notice period to expire (minimum 2 months)
- If you haven’t left, your landlord applies to the County Court using Form N5B
- The court will send you the claim and give you 14 days to respond (using the defence form and paperwork provided)
- Usually, a decision is made by a judge without a hearing. If there’s a dispute or missing paperwork, a hearing can be scheduled
- If the court grants possession, you’ll be given a date you must leave—typically 14 days, but sometimes up to 42 days in cases of exceptional hardship
It’s important to check that your landlord has followed all legal steps, such as protecting your deposit and providing up-to-date safety certificates, before the court can grant possession.
Your Rights During Accelerated Possession
As a renter, you have the right to:
- Be given proper notice and enough time to leave
- Challenge the eviction if the landlord has not met legal requirements
- Detail any hardship or special circumstances in your court response
- Stay in your home until a court order is made
If the court is satisfied your landlord has complied with all rules, they can issue a possession order. If your landlord is making a claim for unpaid rent as well, they cannot use the accelerated possession route and must follow a different procedure.
Which Tribunal Handles Possession Cases?
In England, all possession proceedings are handled by the County Court. You can find your local County Court or Tribunal using the official court finder tool.
Relevant Legislation
The main legislation covering accelerated possession for renters in England includes:
- Section 21 of the Housing Act 1988: Sets out the rules for possession notices and accelerated possession
- Housing Act 2004: Covers tenancy deposits and their protection requirements
What Should You Do If You Receive an Accelerated Possession Claim?
If you receive a Section 21 notice or court papers for accelerated possession:
- Check your Section 21 (Form 6A) is valid: wrong dates or missing requirements can make it invalid
- Read all court papers and note deadlines for replying
- Send your response to the court if you want to challenge the claim
- Seek free advice from an official service (see "Need Help? Resources for Renters" below)
- Stay in the property until a court order is made—your landlord cannot force you out without a court order
- What is the difference between accelerated possession and standard possession?
Accelerated possession is quicker and does not allow landlords to claim unpaid rent. Standard possession is slower and can include a claim for rent arrears.
- How much notice must my landlord give before using accelerated possession?
Your landlord must give at least two months’ notice using a Section 21 notice (Form 6A).
- Can I challenge an accelerated possession claim?
Yes, if you believe your landlord hasn’t followed legal requirements or there are mistakes in the paperwork, you can explain your case using the defence form sent by the court.
- Do I need to move out immediately after getting a Section 21 notice?
No. You only need to leave if a court issues a possession order and the time given in the order has passed.
- Will I have to go to court if my landlord uses accelerated possession?
Usually no, unless you challenge the claim or a judge decides a hearing is required.
Need Help? Resources for Renters
- GOV.UK: Private Renting Eviction Guidance – Step-by-step info on eviction rules, notices, and rights
- Shelter England: Section 21 Advice – Free support and advice if you receive an eviction notice
- Citizens Advice: What to do if you get an eviction notice
- Find your local County Court for possession order details
- Contact your local council’s housing team via the official council finder if you need emergency rehousing help
- Accelerated Possession Guidance – GOV.UK
- Housing Act 1988, Section 21
- Form 6A (Section 21 Notice) – GOV.UK
- Housing Act 2004: Tenancy Deposit Protection
Summary:
- If you’ve received a Section 21 notice, your landlord could use the accelerated possession process for eviction.
- You have rights—always check notice validity and respond to court paperwork on time.
- Seek official help immediately if you’re unsure of any step or face homelessness.
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