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Accelerated Possession Section 21 Notice ( timetable)

Landlords looking to obtain possession have two basic choices when trying to get their buy-to-let properties back. They can go down the fault based route using a section 8 notice
and establish that one or more of the 17 grounds for possession has been satisfied. In which case out of those 17 grounds for possession the Judge has to only give possession if they are satisfied that grounds 1 – 8 have been met. The Judge has discretion as to whether to grant possession under any of the remaining 9 grounds.

The other route is to use a non fault based possession procedure. This route using a section 21 notice is also known as the accelerated possession procedure. Don’t be fooled by the term ‘accelerated’! This is not necessarily a quick process as this timetable NEW LB page – section 21 timetable from a Property Hawk user illustrates accelerated means anything other than quick! In this case you are looking at approximately 6 months.

Section 8 vs section 21 notice

We have discussed in the past whether a landlord is better off using a section 8 rather than a section 21 notice to obtain possession.

Serving a section 21 notice at the start of a tenancy

You can avoid some of the complications of getting your dates right when using a section 21 notice by serving a section 21 notice at the start of the tenancy.

Obtaining possession

Once you have served the section 21 notice and the notice period has expired; the next stage is to complete and serve an N5B form for possession of your buy-to-let.

Getting your money back

At the end of all this paper work your aim as well as getting possession of your property is to also obtain some or preferably all the money owed to you by your tenant. Have a look at this recent article about landlords getting their money back.

Remember if you still have problems obtaining possession you can also get some personalised legal advice from our legal partners Fidler and Pepper or feel free to post a question in our Landlord Legal Forum.

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