When a landlord serves a Section 21 notice to a tenant, it usually means that the landlord wants the tenant to vacate the property However, there are instances where the tenant refuses to leave even after being served with a Section 21 notice This can be a challenging situation for landlords, but there are legal steps that can be taken to address this issue.
A Section 21 notice is typically served by a landlord to end an assured shorthold tenancy This type of tenancy allows landlords to regain possession of their property without providing a reason as long as the proper notice is given The notice must give the tenant at least two months to vacate the property, and the landlord must follow the correct procedures when serving the notice.
If the tenant fails to vacate the property by the end of the notice period, the landlord cannot simply change the locks or force the tenant out Instead, the landlord must apply to the court for a possession order There are two types of possession orders that can be sought in cases where a tenant refuses to leave after being served with a Section 21 notice: a standard possession order and an accelerated possession order.
A standard possession order is issued by the court after a hearing where both the landlord and tenant have the opportunity to present their case If the court is satisfied that the landlord has followed the correct procedures and that the Section 21 notice is valid, a possession order will be granted The court will typically give the tenant a deadline by which they must vacate the property, and if they fail to do so, the landlord can apply for a warrant of possession to have the tenant evicted.
An accelerated possession order, on the other hand, is a faster and simpler process that does not involve a hearing This type of possession order can only be sought if the landlord is not seeking rent arrears and the Section 21 notice was served correctly section 21 served tenant won t leave. The court will review the landlord’s application and paperwork and, if everything is in order, issue an order for possession The tenant will be given a deadline by which they must leave, and if they fail to do so, the landlord can apply for a warrant of possession.
It is important to note that landlords must follow the correct procedures when seeking a possession order, as any mistakes could delay the process or result in the application being dismissed Landlords should also be aware that tenants may raise defenses or counterclaims in response to the possession order, such as claiming that the Section 21 notice was not valid or that the property is in disrepair.
If a tenant refuses to leave even after a possession order has been granted, the landlord can apply for a warrant of possession This allows bailiffs to evict the tenant and reclaim possession of the property on behalf of the landlord The bailiffs will typically give the tenant notice of the eviction date, and if the tenant still refuses to leave, they may be forcibly removed from the property.
Dealing with a tenant who refuses to leave after being served with a Section 21 notice can be a stressful and time-consuming process for landlords However, by following the correct procedures and seeking legal advice if necessary, landlords can take the necessary steps to regain possession of their property It is important for landlords to be aware of their rights and responsibilities when dealing with difficult tenants and to seek help from professionals if needed.
In conclusion, when a Section 21 served tenant won’t leave, landlords have legal options available to them to address the situation By following the correct procedures and seeking legal advice if necessary, landlords can take the necessary steps to regain possession of their property It is essential for landlords to be prepared for potential challenges and to seek help from professionals if needed.