The accelerated possession procedure, also known as the s21 accelerated procedure, is a legal process used by landlords in England and Wales to quickly regain possession of their property from tenants who have not complied with the terms of their tenancy agreement. This procedure is commonly used when a landlord wants to evict a tenant without giving a specific reason, such as when a fixed-term tenancy has ended or when the tenant is in rent arrears.
The s21 accelerated procedure is governed by Section 21 of the Housing Act 1988, which allows landlords to serve a notice on their tenants giving them at least two months’ notice to leave the property. Once this notice has expired, the landlord can apply to the court for a possession order without the need for a court hearing. This process is usually faster and less costly than other eviction procedures, making it a popular choice for landlords seeking to regain possession of their property quickly.
There are some important things to keep in mind when using the s21 accelerated procedure. Firstly, the notice served on the tenant must be in writing and comply with certain legal requirements, such as specifying the date by which the tenant must leave the property. Failure to meet these requirements can result in delays or even the eviction notice being deemed invalid.
Secondly, the landlord must ensure that the tenant has received the notice before applying to the court for a possession order. This can be done by serving the notice personally, by post, or by leaving it at the property if the tenant is not available. It is crucial to keep proof of service in case the tenant disputes receiving the notice.
Once the notice period has expired and the landlord has confirmed that the tenant has vacated the property, they can apply to the court for a possession order using the s21 accelerated procedure. The court will review the application and, if everything is in order, grant the possession order without the need for a hearing. The tenant will then be required to leave the property by the specified date on the order, usually within 14 days.
It is important to note that the s21 accelerated procedure can only be used for assured shorthold tenancies, which are the most common type of tenancy agreement used in the private rental sector. Other types of tenancies, such as social housing or long leases, have different rules and procedures for eviction that landlords must follow.
Landlords should also be aware that the s21 accelerated procedure does not give them the right to evict tenants who are in breach of their tenancy agreement, such as those causing damage to the property or engaging in antisocial behavior. In such cases, landlords may need to consider using alternative eviction procedures, such as the Section 8 process, which requires a court hearing and specific grounds for eviction.
In conclusion, the s21 accelerated procedure is a valuable tool for landlords seeking to regain possession of their property quickly and efficiently. By following the correct legal requirements and procedures, landlords can ensure a smooth eviction process and avoid potential delays or complications. However, it is essential to seek legal advice if you are unsure about the eviction process or your rights and responsibilities as a landlord.