Introduction
If your tenant has not moved out after the expiry of the Section 21 notice then you will need to make an application to court for a possession order.
There are different ways of doing this. The “Accelerated Procedure” is most commonly used as it is fairly inexpensive and straightforward and normally does not involve a court hearing.
The court will make its decision by looking at the documents that the landlord and tenant provide to decide whether to grant a possession order. A court hearing may be required if the documents are unclear.
The accelerated procedure will not include a claim for missed rent and should be used where the priority is regaining possession of the property. You can still make a claim for missed rent at a later date using the process set out in this article.
If you want to claim for missed rent at the same time as making the possession application, then you should do this using the possession claims online portal. If you use this method then a court hearing will be necessary.
How do I apply for a possession order?
To make an application for possession using the accelerated procedure you will have to complete a N5B form. Please note that there are separate forms for England and Wales.
It is very important that you include evidence that you have complied with all of the Section 21 requirements and that you have evidence of correctly serving the notice. Please see this article for more information on when and how to serve a Section 21 notice.
To make a possession application that includes a claim for missed rent you should use the government online portal.
When will the possession order be granted?
If you are using the accelerated procedure then the only defence a tenant can raise is that your Section 21 notice is invalid or that no notice was received. It is for this reason that it is essential to include evidence of compliance with the Section 21 requirements along with evidence that the notice was served correctly.
The court should provide a “Notice of Issue” within 2 weeks of the application. After the expiry of the dates given in the notice of issue you should complete the tear-off portion and return it to the court. You should then get a possession order without a hearing.
After the possession order is granted
The possession order will state a date that the tenant must leave the property.
If the tenant still remains in the property after this date has passed, you still cannot enter the property and must instead make an application to enforce the possession order
You can apply for a county court bailiff by sending a N325 form to the county court that issued the possession order. There will be a fee of £130 to do this.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.