If you’ve issued a Section 21 notice to your tenant and they refuse to vacate, you’ll need to apply to the court for a possession order to remove them.
This process should be straightforward if everything has been done correctly.
In most cases where tenants stay after receiving a Section 21 notice, it’s because they know they can. They are aware that eviction is not immediate and that you must obtain a court order first.
Sometimes, they may need to wait for this court order before the Local Authority can rehouse them.
The Good News
The good news is that if your Section 21 notice was properly served, obtaining a possession order is relatively simple. In fact, there’s a way to get a possession order without appearing in court at all, through the “accelerated possession procedure.”
The Accelerated Procedure
If your tenant hasn’t vacated after the Section 21 notice expires and you meet a few requirements, you can apply for a possession order using the “accelerated procedure.” This method avoids court appearances, as it is entirely paper-based, with no hearing required.
No Court Hearing
This means that unless your tenant defends the application (which is uncommon), the court will handle your possession claim without either party being present. A possession order will be granted if the judge is satisfied that the Section 21 notice was served correctly and that the claim form was properly delivered to the tenant. If your paperwork is in order, you should receive your possession order without needing to attend court.
The Alternative
An alternative is the “standard possession procedure,” which involves a court hearing to determine if a possession order should be granted. The main advantage of this method is that it allows you to claim rent arrears alongside the possession order. However, the accelerated procedure focuses solely on possession.
The Benefits
Even if there are rent arrears, the accelerated procedure has significant benefits. It is cheaper since there’s no need to hire an advocate for court representation and quicker because you don’t have to wait for a hearing date in an already overburdened court system.
Another advantage is the greater certainty it offers. As long as your paperwork is correct, there’s less risk of a judge being swayed by arguments from a difficult tenant, as can happen in a court hearing. The accelerated procedure also helps to avoid the potential conflict that can arise between landlords and tenants during court proceedings.
Getting It Right
As mentioned, if the court is satisfied with your paperwork, you’ll receive your possession order, and the tenant won’t have an opportunity to cause problems. However, because courts are cautious about granting evictions, it’s crucial that your paperwork is flawless. Any mistakes could mean starting the process over.
Evicting a Tenant with Rent Arrears
It can be frustrating when a tenant falls behind on rent, and you may be tempted to take them to court to recover what they owe. However, it’s essential to weigh the situation carefully. Consider how much they owe, whether they can repay it, how long it might take, and whether the time and cost of going to court are worth it.
In many cases, it’s better to use the accelerated procedure to regain possession of your property quickly, even if it means postponing the pursuit of rent arrears. If you’re dealing with a problematic tenant, you’re unlikely to recover the outstanding rent anyway, so focusing on obtaining a quick possession order is often the wiser choice.
If Your Tenant Refuses to Leave After a Section 21 Notice…
…get in touch!
We handle these applications for landlords so you don’t have to.
Get in Touch
You can reach us at 03330 428277 or by email at info@evictionsupport.co.uk, or book a free call with one of our specialists to discuss how we can assist with your eviction. There’s no cost or obligation.
