Section 21 Accelerated Possession Claims
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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. Due to coronavirus legislation, the notice period has been extended to 6 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 include drafting a section 21 notice. 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 the next steps.
Step 2: The Claim
Our fixed fee includes drafting and issuing the claim and is plus 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 the next steps.
Issuing a claim based on an incorrect or invalid Section 21 notice can result in you being ordered to pay the tenant’s 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 to or have served a valid Section 21 notice, contact us. We will review your position and notice and advise you that you are able to issue proceedings based on the section 21 notice. 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.
Step 4: The Bailiffs
Our fixed fee includes applying to the court for a bailiff’s appointment if needed.
Residential Possession Services
- Our fixed fee covers all of our services for residential possession:
- Complete review of all tenancy documents
- Advising on any problems or issues so that a valid notice can be served
- Resolving the problems
- Drafting notices and serving on tenants
- Drafting claim for possession
- Reviewing any defences received
- Drafting any witness evidence
- Attending hearing or instructing advocate to attend
- Corresponding with the tenant as necessary
- Applying for County Court Bailiff
Fixed Fee: £2,500 plus VAT and court services
Court Fees: £355 and £130 (subject to change by the court)
Section 21 Notice Checklist – England Only
- Have at least 4 months expired since the start of the tenancy?
- Was a deposit taken from the tenant?
- If so, was the deposit protected with a recognised scheme within 30 days of receipt?
- If a deposit was taken and protected, was the deposit prescribed information, including any applicable leaflet, provided to the tenant within 30 days?
- If there is any gas supply or appliances within the property was a gas certificate served on the tenant before they occupied the property?
- Have gas safety certificates been obtained every 12 months and served on the tenants each time?
- Has an Energy Performance Certificate been obtained for the property? If so, has this been provided to the tenant?
- Has the tenant been provided with the ‘How to Rent’ booklet?
- Does the property require an HMO licence or any other additional licencing put in place by the Local Authority? If so, has the licence been applied for?
- Have you (landlord or agent) received any notice from the local authority relating to the property – an improvement notice or an emergency remedial action notice?
- Has any notice been received by you (landlord or agent) from the local authority relating to the property in the last 6 months?
- For tenancies entered into since 1 June 2019 – have you returned any monies charged to the tenant which are considered prohibited payments by the Tenant Fees Act?
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