As a landlord, it’s essential to be aware of the various legal procedures available to you when it comes to dealing with troublesome tenants. One such procedure that is commonly used by landlords in the UK is the s21 accelerated possession procedure. This process allows landlords to regain possession of their property quickly and efficiently, making it a popular choice for those looking to evict non-paying or unruly tenants. In this article, we will explore what the s21 accelerated procedure entails, how it works, and what landlords need to know before using it.
What is the s21 accelerated possession procedure?
The s21 accelerated possession procedure is a legal process that allows landlords to evict tenants without having to prove any fault on the part of the tenant. This means that landlords can use this procedure even if the tenant has not breached their tenancy agreement, making it a valuable tool for regaining possession of a property quickly and easily.
How does the s21 accelerated possession procedure work?
In order to use the s21 accelerated possession procedure, landlords must first serve their tenants with a valid Section 21 notice. This notice informs the tenant that the landlord wishes to regain possession of the property and gives them a minimum of two months’ notice to vacate. Once this notice period has expired, landlords can then apply to the court for an accelerated possession order.
To apply for an accelerated possession order, landlords must complete and submit the relevant court forms along with evidence that they have served the Section 21 notice correctly. If the court is satisfied that all the necessary requirements have been met, they will issue an order for possession, typically within weeks rather than months. Once this order has been granted, tenants will be required to vacate the property by a specified date, usually within 14 days.
What do landlords need to know before using the s21 accelerated possession procedure?
Before using the s21 accelerated possession procedure, landlords should be aware of the following key points:
– The property must be let on an assured shorthold tenancy (AST) in order to be eligible for the accelerated possession procedure.
– Landlords must have complied with all legal requirements, including protecting the tenant’s deposit in a government-approved scheme and providing a valid gas safety certificate.
– Landlords must have given the tenant the correct amount of notice as required by the Section 21 notice, which is typically two months.
– Landlords cannot use the accelerated possession procedure if the tenant has raised a valid defence, such as claiming disrepair or harassment.
Overall, the s21 accelerated possession procedure can be a powerful tool for landlords looking to regain possession of their property quickly and efficiently. By following the correct legal procedures and ensuring that all necessary requirements are met, landlords can use this process to evict non-paying or problematic tenants with relative ease. However, it is essential to seek legal advice before initiating the procedure to ensure that it is the right course of action for your individual circumstances.