subject: Accelerated Possession [print this page] Section 21 Section 21
Landlords are encouraged to serve a Section 21 notice of possession immediately after, but certainly never before or at the same time as, a new assured shorthold tenancy agreement is signed. Tenants should be asked to sign the notice to confirm receipt, though a tenant's signature is not required as proof of receipt. The tenant ought to be informed that the notice provides the landlord with enhanced rights to claim possession of the property when the tenancy has ended.
A Section 21 notice is sometimes referred to as an accelerated possession order because it provides landlords with a quick, no-fault route to reclaiming possession of a property. The notice is only valid if it is served in writing at least two months before the required date of possession, which cannot fall between rent payments. The procedure that follows a Section 21 notice can be described as accelerated possession because usually no court hearing is involved; in fact, the process is often resolved within a matter of weeks.
Landlords should note that a Section 21 notice cannot be used in the first six months of a fixed-term shorthold tenancy or periodic assured shorthold tenancy. The tenant's deposit must also be protected by a government-approved deposit scheme, otherwise the court would likely rule that the notice is unreasonable.
Section 8
The eviction process is rarely straightforward, but Section 21 can provide landlords with accelerated possession if all the requisite steps have been completed. Sometimes a Section 21 notice cannot be used; for instance, problems might arise with tenants that prompt the landlord to seek a possession order before the assured shorthold tenancy expires. Also, Section 21 cannot be used to claim for rent arrears or any other monetary claim (though the Small Claims Procedure provides an option for this).
Section 8 provides landlords with an alternative method of removing tenants from their properties, but unlike Section 21 some degree of fault or evidence of unreasonable behaviour must be established.
Schedule 2 of the 1988 Act lists 17 grounds on which the court is required to order possession. Some of these grounds are mandatory. In many cases, the landlord resorts to Section 8 because a tenant has failed to maintain regular rent payments. If the Section 8 process progresses to a court hearing and the tenant's rent account is still in arrears by at least two months, a possession order would be made automatically.
Unlike a Section 21 notice, the landlord can use Section 8 to claim for legal costs and monies due (such as rent arrears), but tenants are provided with an opportunity to defend the claims and in many cases they will be able to satisfy certain conditions, such as clearing rent arrears before the court hearing, that prevent the landlord from obtaining a possession order.
