Section 21 Notice (accelerated possession)
Accelerated possession proceedings based on a section 21 notice are appropriate where the only purpose is to recover possession and no other claim is made (e.g. for rent arrears).
There are a number of requirements that we can advise you on. For example, the section 21 notice must give to the tenant not less than 2 months notice that you require possession of the property. If given during the fixed term, a notice should not be dated to expire on or before the last day of the tenancy as this would be invalid. In addition you cannot serve a section 21 notice if you have not complied with the Tenancy Deposit Scheme.
You should seek specialist legal advice as incorrect or invalid notices will need to be re-served and will lead to the possession proceedings being struck out by the Court. This could prove costly for you if, for example, further months are lost without any rent being paid by the tenant.
Advantages of a Section 21 procedure
• Often a quicker method of recovering possession of your property and evicting your tenant.
• If a valid section 21 notice has been served, the court is not allowed to consider whether it is reasonable or fair to make the order for possession. Therefore, if what is written in the claim form and in any defence form make it clear that the claimant is entitled to possession, the court must make the order.
Disadvantages of a SEction 21 procedure
• The tenant can seek postponement of possession and delay eviction on the ground of exceptional hardship and the judge may direct a hearing of that issue. In our experience this is rarely granted and we can advise you in the event that such an application is made, and resist such application on your behalf at Court.
• Only possession can be sought and no other claim can be made within the same proceedings (however we can issue separate proceedings for rent arrears or disrepair on your behalf if appropriate and advise you as to the merits of such proceedings).
We would be pleased to meet with you to discuss your needs and advise you as to the best way forward in light of your particular circumstances.
If you require further information or advice regarding a Section 8 or Section 21 Notice or otherwise wish to evict your tenant and recover possession of your property please call James Baird 0208 290 7959, Chris Chang 0208 290 3982, Bhavini Curtis 0208 290 7993 or at our London office Bob Mallet 0207 611 7992.
We offer a half hour fixed fee consultation inclusive of service of the appropriate formal notice on the tenant to leave for £190.00 + VAT