When it comes to renting out property, landlords must follow certain procedures in order to regain possession of their property. One such procedure is the accelerated possession procedure under Section 21 of the Housing Act 1988. This allows landlords to regain possession of their property without having to prove fault on the part of the tenant. In this article, we will explore the accelerated procedure section 21 and how it works.
The accelerated possession procedure is commonly used when a landlord wants to evict a tenant at the end of a fixed term tenancy agreement. This could be because the landlord wants to sell the property, move into it themselves, or simply end the tenancy for other reasons. The accelerated possession procedure allows landlords to gain possession of their property quickly and efficiently, without the need for a lengthy court process.
In order to use the accelerated procedure section 21, landlords must give their tenants at least two months’ notice in writing. This notice must be in the form of a Section 21 notice, which informs the tenant of the landlord’s intention to regain possession of the property. The notice must also state the date on which the landlord wants the tenant to leave, which must be at least two months from the date the notice is served.
It is important for landlords to keep a record of how the Section 21 notice was served on the tenant. This could be done by sending the notice via recorded delivery or by hand delivering it and obtaining a receipt. Without proof of service, landlords may run into difficulties if the tenant disputes receiving the notice.
Once the two-month notice period has expired, landlords can apply to the court for a possession order using the accelerated possession procedure Section 21. This involves filling out a claim form and paying a fee. The court will then review the claim and, if everything is in order, will issue a possession order. This will typically be done without a hearing, making the process quicker and more straightforward for landlords.
It is important to note that landlords can only use the accelerated possession procedure Section 21 if they have followed all the necessary steps and complied with the requirements of the Housing Act 1988. This includes ensuring that the tenant’s deposit is protected in a government-approved scheme and providing the tenant with a copy of the Energy Performance Certificate and Gas Safety Certificate for the property.
If the tenant does not vacate the property by the date specified in the possession order, landlords will need to apply for a warrant of possession. This allows bailiffs to evict the tenant from the property. Landlords should be aware that this can be a lengthy process and may involve additional costs.
It is worth noting that the accelerated possession procedure Section 21 cannot be used in all circumstances. For example, it cannot be used if the property is in disrepair or if the tenant has made a complaint about the condition of the property which the landlord has not addressed. In such cases, landlords may need to use the standard possession procedure, which involves proving fault on the part of the tenant.
In conclusion, the accelerated possession procedure Section 21 is a useful tool for landlords who want to regain possession of their property quickly and efficiently. By following the correct procedures and ensuring that all requirements are met, landlords can use this procedure to evict tenants at the end of a fixed term tenancy agreement. However, it is important to be aware of the limitations of this procedure and to seek legal advice if needed.