Section 21 Route to Possession: A Comprehensive Guide for Landlords

Introduction:

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. In this guide, we will delve into the intricacies of this route to possession, providing landlords with a comprehensive guide to navigate this procedure effectively and ensure a smooth eviction process.

1. Understanding Section 21:

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.

2. Serving the Section 21 Notice:

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.

4. Section 21 Court Proceedings (if necessary):

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.

5. Regaining Possession:

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.

Conclusion:

The Section 21 route to possession provides landlords with a valuable tool to regain possession of their property when a tenancy has come to an end or during a periodic tenancy. By understanding the process, serving the correct notice, and complying with legal obligations, landlords can navigate this route to possession smoothly and efficiently. Seeking professional advice and assistance when needed can help ensure a legally compliant eviction and a successful outcome for all parties involved.

If you would like further advice and assistance with this route to possession or if you would like our experienced legal team to work on your behalf to achieve vacant possession of your property, contact one of our helpful eviction specialists on 03330 428277, email us at info@evictionsupport.co.uk or book in a free consultation below.

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What Clients Say

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Pritam Khehra
Pritam Khehra
2024-07-09
Value for money professional service.Mathew dealt with my eviction in a timely, friendly manner and constantly kept me fully advised. I would recommend this service to anyone.
Naeem Ahmed ABBASI
Naeem Ahmed ABBASI
2024-07-03
They make the impossible to possible. Thank you
Richard Manson
Richard Manson
2024-07-02
Tom and the team did a great job and I would definitely recommend them!
Rishi Patel
Rishi Patel
2024-06-27
Eviction Support Group are a professional and reliable specialist company who will get the job done and help provide sound advice during a stressful time you may be going through as a landlord if things have reached the eviction stage with your tenant. Matthew Heighway in particular is a top agent and can’t thank him for the help he gave me. Unfortunately I was hit with a large unexpected charge of changing locks to my property which was not fully communicated to me beforehand and on the day despite me paying for the fully managed service including the attendance of a locksmith.
Julie Lopes de Souza
Julie Lopes de Souza
2024-05-28
Amazing, professional company. Thanks so much.
Deborah Hall-farrise
Deborah Hall-farrise
2024-05-08
This company were fantastic. Gave me all the information I needed. Helped reassure me through anixious moments of the tenant eviction. ALWAYS returned phone calls and emails directly. I would highly recommend the company. PS.. they know their tenancy law!!🌟🌟🌟🌟🌟
Sally Chapman-Walker
Sally Chapman-Walker
2024-05-08
This service takes the mystery out of a process which can be daunting. Clear information, clear and reasonable pricing structure and a quick, friendly response to my initial enquiry.
Oworu Gboyega
Oworu Gboyega
2024-05-03
Absolutely brilliant, fast and efficient service. Will certainly use again if need be and certainly recommend.
Eddie Gobby
Eddie Gobby
2024-04-29
I had an issue with a tenant. Had contemplated doing a section 21 myself, but was so glad I asked Eviction Support. Even chased up a day after the notice was up, to see if the tenant has left.
lucy Blake
lucy Blake
2024-04-21
Can’t thank Eviction Support Group enough! After doing some research I found ESG the easiest to speak to and get clear answers. I used them to serve a section 21 notice on my tenant. The team worked quickly to meet all my needs and was so pleased with their advice, guidance and quick results!

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