How do I Apply for a Possession Order? Timing and Procedures Post-Section 21 Notice

Application for Possession Order After a Section 21

After the expiration of the Section 21 notice period and if the tenants have not vacated, landlords can apply for an accelerated possession order if they are not claiming rent arrears. This process usually avoids a court hearing and costs £355.

Fixed-term Tenancies

Tenants in a fixed-term agreement cannot be evicted until their tenancy ends.

Application Procedure for Section 21

Landlords must download and complete the relevant form and send it to the nearest court that deals with housing possession.

Tenant Response Period

After the application is submitted, tenants have 14 days to challenge it upon receipt.

Judge's Decision

The judge may issue a possession order directly or opt for a court hearing if the paperwork is incomplete or the tenants raise significant issues.

Exceptional Circumstances related to Section 21

In certain situations, the judge may extend the tenant's stay up to six weeks.

Court Hearing and Orders

If a hearing occurs, the judge might dismiss the case, adjourn it, or make an order. The case could be dismissed for procedural errors or if the tenant rectifies issues like unpaid rent.

Types of Orders

These include an outright possession order (requiring tenants to leave within 14 or 28 days), a suspended order for possession (conditional on tenant actions), and a money order (requiring payment of specified amounts).

Appealing Against Decisions

Landlords can appeal only if procedural mistakes were made during the hearing. This requires permission from the judge and an appeal must be filed promptly, with an associated court fee.

Eviction Notices and Bailiffs

If tenants fail to comply with the order, landlords can request a 'warrant for possession'. The court will then issue an eviction notice, and bailiffs can enforce the eviction if necessary.

Warrant Application

This can be done using form N325 or the Possession Claim Online service. The fee for this application is £130.

High Court Enforcement

The warrant can be transferred to the High Court for a 'writ of possession', potentially leading to a faster eviction process.

Remember, the timing and accuracy of your application are crucial. Missteps can lead to delays or legal challenges, so it's important to follow these steps carefully.