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Section 21 Accelerated Possession Claims

SOME BACKGROUND

A s.21 notice comes in a prescribed form and allows you to obtain a possession order. It will not allow you to claim for any rent arrears or other issues. A claim relying on a section 21 notice is a no fault claim. You are merely stating to the tenants and court that you are the landlord and want possession of the property back.

The benefits of a section 21 notice are that there are only very limited circumstances when a tenant can defend s21 possession claims, such as if the notice itself is not valid (the most common form of defence). In usual circumstances the s21 procedure will be dealt with on paper and will not involve a hearing unless either the tenant raises an issue or a judge looking at the papers spots an issue and decides to list a hearing anyway.

A section 21 notice cannot be served in the first 4 months of a tenancy, lasts for at least 2 months and cannot expire before the end of the fixed/assured term. If the tenant remains in the property beyond then you are entitled to issue a claim.

There are other important requirements to be considered before a valid section 21 notice can be served. We detail these within our eviction guide here.

Our fixed fees are set out below. These only apply where we are instructed throughout.

THE SECTION 21 EVICTION SERVICE

STEP 1; THE NOTICE

Our fixed fees for drafting a section 21 notice are £120 including VAT. To go ahead email the AST, Deposit prescribed information and terms and conditions, EPC and How to Rent Booklet to us at [email protected] and we will confirm next steps.

If you are unsure whether you are entitled or able to serve a valid section 21 notice check our eviction guide here. Alternatively we will review your position and advise the necessary next steps for you to take to be able to do so for a fixed fee of £200+VAT. To go ahead email your details to [email protected] and we will contact you.

 

STEP 2; THE CLAIM

Our fixed fee for drafting and issuing the claim is £755 including VAT and the court fee of £355. To go ahead email the AST, Deposit prescribed information and terms and conditions, EPC, How to Rent Booklet and section 21 notice to us at [email protected] and we will confirm next steps.

Issuing a claim based on an incorrect or invalid section 21 notice can result in you being ordered to pay the tenants legal costs as well as your own. If the section 21 notice is not valid it is not in your interests to issue a claim relying on that notice and is better to review whether the notice is valid first. If you are unsure whether you are entitled or have served a valid section 21 notice check our eviction guide here. Alternatively we will review your position and notice and will advise you are able to issue proceedings based on the section 21 notice you have served already for a fixed fee of £200+VAT. To go ahead email your details to [email protected] and we will contact you.

 

STEP 3; THE HEARING (if there is one)

If there is no hearing there is no cost and a possession order will be received. With a section 21 notice and accelerated possession proceedings the starting point is that there will be no hearing. The court always has discretion and if the tenant defends the claim OR the judge looks at the paperwork and decides there is an issue they want to look at, a hearing might be ordered. If you need more information regarding the eviction process and how it works, read our eviction guide available here.

We charge a fixed fee of £420 including VAT per hearing.

 

STEP 4; THE BAILIFFS

We charge a fixed fee of £250 including VAT and the court fee to apply to the court for a bailiffs appointment. If you need more information regarding the eviction process and how it works, read our eviction guide available here.

Meet the Helix Law team

Contact Helix Law on 01273 761 990 or email [email protected]