As a landlord, it’s essential to be familiar with the various legal processes involved in regaining possession of your property. One such process is Section 21 possessions. Our legal team are experts at navigating this procedure to effectively ensure a smooth eviction process and vacant possession of your property as quickly as possible.
Section 21 is a provision within the Housing Act 1988 that allows landlords to regain possession of their property without providing a specific reason. This “no-fault” eviction process is commonly used when a fixed-term tenancy agreement has come to an end or during a periodic tenancy.
To start the process, landlords must first serve their tenants with a Section 21 Notice. This notice informs the tenant of the landlord’s intention to regain possession of the property and provides a minimum notice period, typically two months. It’s crucial to ensure the notice is correctly drafted, served in the appropriate manner, and complies with legal requirements.
Before serving a Section 21 Notice, landlords must ensure they have met all their legal obligations. This includes providing tenants with a valid Energy Performance Certificate (EPC), a Gas Safety Certificate (if applicable), and protecting the tenant’s deposit in a government-approved scheme. For a full list of the legal obligations, please follow the link here to our Section 21 checklist. Failure to comply with these obligations may render the notice invalid.
If the tenant fails to vacate the property by the end of the notice period specified in the notice, landlords may need to initiate court proceedings. This involves submitting an application to the court, attending hearings, and presenting evidence to support the possession claim. Seeking legal advice or assistance from an eviction specialist such as Eviction Support Group can be beneficial during this stage.
If the court grants possession, landlords will receive a possession order specifying the date by which the tenant must vacate the property. If the tenant fails to comply, landlords can apply for a bailiff appointment to enforce the possession order and regain control of the property.
With our fixed fee pricing, you can have peace of mind knowing exactly what you will be paying, without any hidden costs or surprises. Our legal team of eviction specialists will handle all aspects of the section 21 process, from drafting and serving notices to completing your possession order claim and enforcing of the claim with our in house bailiffs, ensuring that your eviction is carried out quickly, efficiently and effectively. Trust in our Section 21 expertise and experience to guide you through the eviction process, allowing you to focus on other important aspects of your property management.
We will complete an in depth review of your case and based on the information you provide us, give advice on action and next steps required alongside providing advice on the process and which route to possession is the most suited to your case to ensure you gain vacant possession of your property in the quickest time possible.
We will draft and serve the appropriate notice and provide a court approved certificate of service.
In the event your tenant does not vacate after notice has expired it will be necessary to make a possession claim through the county court. Our experienced team of paralegals will complete all of the paperwork required in preparation for the application to be sent to the county court.
We will complete the relevant applications, collate and index your documents and submit them to court, paying fees through our court account in order to start the claim process.
If a hearing is called, our expert advocates are on hand to represent and accompany you at court.
Once your possession order has been granted and the tenant still remains in the property, we will organise an eviction date through the county court, complete the bailiff risk assessment and pay fees through our court account.
If permission to transfer up your possession order to the high court has been granted, we will transfer through our HCEO to obtain a writ of possession. In some instances, this can be a faster process as high court enforcement officers are employed directly by Eviction Support Group
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