Which Possession Proceedings?
Using section 21 with the Accelerated Possession procedure
If you have reached this far, and none of the situations set out in the previous questions apply – then you should almost certainly use section 21 and the ‘accelerated procedure’.
This is the most straightforward, cheapest and quickest way to get possession. Â If you get your paperwork right, there is no defence.
However, note that during the coronavirus pandemic large delays built up and the courts will take a very long time to process your claim. You could be facing a delay of a year or more. You may want to consider mediation instead (we have a member’s article here). Or if the issue is rent arrears, see if you can help your tenant source grant aid to pay the arrears with the help of our kit here. Members will also find guidance in stage 1 of the Rent Arrears Action Plan.
If you do decide to issue proceedings, unless you are familiar with eviction work or have a detailed guide to help you, you should use solicitors experienced in this work. A mistake could cost you dear and delay your proceedings by many, many months.
We have detailed guidance on bringing a claim based on section 21 in the Landlord Law Eviction Guide (business level members only) and hundreds of landlords have used its guidance to get their order for possession. Â It is not hard, provided you are careful and follow the instructions.
You should not delay too long, however – although the procedure is called ‘accelerated’, it is not actually that quick. Â It can take up to six months or more, depending on whether you have already served your notice and how busy the court is.
The advantage of the accelerated procedure, though is that the possession order is made by the Judge alone, based on the paperwork you send to the Court, so you do not need to attend any Court hearing.
Most landlords find our guidance straightforward, but if you prefer to have someone else do it for you, we have recommended solicitors.
