Section 21 Procedure
Landlord & Tenant
Most tenancies these days are Assured Shorthold Tenancies. One of the benefits of this type of tenancy is that a landlord will find it relatively straightforward to obtain possession of the property. The Section 21 Accelerated Procedure allows a landlord to terminate the tenancy, once the initial fixed term has expired, by giving the tenant not less than 2 months written notice. The landlord does not need to state any reason for terminating the tenancy and as long as the procedure is followed correctly, the court will ultimately order possession.
However, it is important that the correct notice is served giving the correct expiry date, otherwise this accelerated procedure cannot be used.
If the tenant has not voluntarily left the premises after the expiry of the Section 21 Notice, then the Landlord is able to make use of the 'Accelerated Procedures' in the County Court to obtain an Order for possession. Again, if all the paperwork is correct the Court must grant a Possession Order which ultimately can be enforced by bailiffs. The one disadvantage for Landlords is that by using the Section 21 route, if there are rent arrears, no claim can be made for these by this procedure.
A landlord must weigh up whether his primary aim is to recover the rent arrears or whether it is to obtain possession of the property to correctly evict the problem tenant.
The Section 21 Procedure does provide landlords with a relatively straight forward route to obtaining possession of the property provided that all necessary steps have been undertaken correctly. Therefore it is imperative to ensure that the original notice is correct and all court documentation is correct. Furthermore, it will also be important to deal with any deposit that has been taken from the tenant at the outset of the tenancy – if this has not been deposited with a registered scheme, then this may cause the landlord difficulties.
Let us advise you on the best way to obtain possession of your property and how to overcome any potential difficulties that may arise if deposits have not been deposited correctly.