What do I do if the tenant does not leave after getting a Section 21?

Pursuing a Possession Order

When faced with a tenant who doesn't vacate after a Section 21 notice, the next step is applying for a possession order. If you have correctly served the Section 21 notice, obtaining this order is typically straightforward.

Understanding the Tenant's Position

Tenants might not leave after receiving a Section 21 notice because they understand their rights. They are protected from eviction until a court order is obtained, and in some cases, they might require this order to qualify for alternative housing from the Local Authority.

Opting for the Accelerated Possession Procedure

This method offers a faster, paper-based route to obtaining a possession order without needing a court hearing. Unless the tenant challenges the application, the court will assess your submission and, if it finds the paperwork and Section 21 notice in order, will issue the possession order.

Advantages of the Accelerated Procedure

The primary benefit of this procedure is its simplicity and the absence of a court hearing, which accelerates the process, reduces costs, and minimizes potential conflict. While it does not allow for claims of rent arrears, its efficiency and certainty often outweigh this limitation.

Standard Possession Procedure

Alternatively, the standard possession procedure involves a traditional court hearing and is useful if you need to claim rent arrears in addition to the possession order.

Importance of Accurate Documentation

Crucial to this process is the accuracy of your paperwork. Courts are careful about eviction and require clear proof of your legal right to regain possession. Errors in documentation can lead to restarting the process, so precision is key.

No Need for a Court Appearance with Accelerated Procedure

A major advantage of the accelerated procedure is avoiding a court appearance. This makes the process quicker and more cost-effective, reducing the potential for animosity that might arise in a court setting.

Conclusion

Dealing with a tenant who refuses to vacate post-Section 21 notice requires a well-thought-out strategy. The accelerated possession procedure, with its focus on streamlined processing and minimal confrontation, can be an effective solution, provided all legal requirements and documentation are accurately fulfilled.