Section 21 Process Timetable
This gives an outline of the actions and durations of the process of gaining possession of a rental property using a Section 21 Notice. All actions assume tenant has not vacated the property in the mean time. This table is based on Central London County Court procedures. Other courts may vary a little.
We provide copies of our free Section 21 Notice.
A timetable of Section 21 Notice of possession
|A||2 Months Plus before “Day Zero”||Landlord issues
Sect 21 Notice
|No legally prescribed format, but see Property Hawk version.||If possible get dated receipt or proof of posting or witnessed delivery to address. For safety, the “Plus” should be more than one or two days. If posted, add further 2/3 days|
|B||Some time in this interval||Landlord gets court papers||Form N5B possession||Three copies needed (plus one for yourself). Complete in preparation for issue. See Property Hawk for tips in completing.|
|C||Day Zero||Last day of existing AST letting contract||The “two months plus” notice is based on this date.|
|D||Day Zero +1||Notional start of new/continuation contract||This is same date as old contract assuming a 12 month AST.||If original contract is less than one year, then date is notional start of continuation contract.|
|E||Day Zero + 2 or 3 days||Landlord delivers papers to court.||3 copies each of:
· N5B form,
· Tenancy Agreement,
· Section 21 Notice and proof of its delivery,
One cheque for £175
|Send with short covering letter. Ensure cheque payee is correct, N5B forms do not show this.
Keep extra copy for yourself.
|F||2 weeks (approx) later||Court issues “Notice of Issue”||This is sent to tenant & copied to Landlord informing tenant that repossession procedure has started.||Gives tenant 2 weeks to issue a defence to the Notice, also gives a Claim Number to claim.|
|G||2 weeks + later||Landlord returns Notice of Issue to court.||This then becomes “Request for Possession order and costs”.||Send to court after expiry of tenant’s time to issue defence.|
|H||2 weeks (approx) later||Court issues “Order for Possession”||Sent to tenant and landlord. Instructs tenant to give possession to landlord.||Gives tenant a further 2 weeks to give up possession. Also allows either party to apply that it be set aside or varied.|
|I||2 weeks + later||Landlord downloads and completes form N325.||This is “Request for Warrant of Possession of Land” and asks the court to issue Bailiffs’ Warrant.||Send to court with cheque for £110. Moneys owed to landlord depend on damage, dilapidations, deposit etc.|
|J||Approx 1week later||Court’s Bailiff Service sends instruction to bailiff company||This tells bailiff company to set a date for a tenant’s eviction and so instruct tenant||This is “a court document”, so landlord does not get a copy. Landlord must call court to find out when it was sent|
|K||Up to 6 weeks later (and counting!)||Bailiff company sends letter to tenant.||This informs tenant of date of impending visit to effect eviction.||This is also the trigger that gets the council to provide emergency accommodation.|