A Section 21 notice is a legal document that landlords in the UK can serve to their tenants to ask them to vacate the property after their fixed-term tenancy agreement ends In most cases, tenants comply with the notice and move out by the specified date However, there are times when a tenant refuses to leave even after receiving a Section 21 notice So, what can landlords do in such situations?
If a tenant won’t leave after the expiry of a Section 21 notice, landlords cannot simply change the locks or forcibly remove the tenant from the property Doing so would amount to illegal eviction, and landlords could face legal consequences for such actions Instead, landlords must follow the proper legal procedures to remove the tenant from the property.
The first step for landlords in this situation is to check whether they have served the Section 21 notice correctly To be valid, a Section 21 notice must be in writing, state the date on which the tenant is required to leave, and provide the tenant with at least two months’ notice If the notice was not served correctly, landlords may need to serve a new notice and start the eviction process again.
Assuming the Section 21 notice was served correctly, landlords can apply to the court for a possession order if the tenant refuses to leave There are two types of possession orders that landlords can apply for: a standard possession order and an accelerated possession order.
A standard possession order is used when landlords want the court to set a date by which the tenant must leave the property This type of order usually takes longer to obtain as it involves a court hearing where both the landlord and the tenant can present their cases.
On the other hand, an accelerated possession order is a quicker process that does not involve a court hearing tenant won t leave after section 21. Landlords can apply for an accelerated possession order online or by post if they are not seeking to recover any unpaid rent from the tenant However, this process is only available if the Section 21 notice was served correctly, and the fixed-term tenancy has ended.
Once the possession order is granted by the court, landlords must give the tenant a deadline by which they must vacate the property If the tenant still refuses to leave after this deadline, landlords can apply for a warrant of possession This warrant allows court bailiffs to evict the tenant from the property forcibly.
It is essential for landlords to follow the correct legal procedures when dealing with tenants who won’t leave after receiving a Section 21 notice Failing to do so can result in delays in regaining possession of the property and may lead to costly legal disputes.
In some cases, landlords may be able to negotiate with the tenant to leave voluntarily Offering the tenant a financial incentive to move out or finding alternative accommodation for them may persuade them to leave without the need for court intervention.
If negotiations fail, landlords should seek legal advice from a solicitor or a property management company specialising in evictions These professionals can guide landlords through the eviction process and represent them in court if necessary.
In conclusion, dealing with a tenant who won’t leave after receiving a Section 21 notice can be a stressful and challenging situation for landlords However, by following the correct legal procedures, seeking professional advice, and being patient, landlords can successfully regain possession of their property and move on to new tenants.