As you are commencing proceedings under a section 21 notice and you have a copy of the necessary tenancy agreements, you are able to use the accelerated possession procedure. This usually means there will be no hearing and the order for possession should be done on the papers only.
Briefly, the following will occur:
- Landlord to complete claim form for possession
- Landlord files claim form with court nearest to the property
- Court issues form to tenants
- Landlord receives letter from court stating form has been issued. This letter will contain a “tear off slip”.
- Tenant will have 14 days to reply with a defence (limited grounds for example notice defective)
- If tenant fails to reply within 14 days, landlord tears off slip from letter and sends to court. This asks court to grant summary judgement of a possession order without a hearing.
- Judge looks at all papers and (usually) grants a possession order requiring tenant to vacate on or before 14 days from the order. The judge does have the power to call a hearing if he/she sees something in the papers that could question an order for possession (for example defective notice, or tenancy not an assured shorthold tenancy etc.)
- Landlord and tenant receive notification of possession order and tenant must vacate.
- Failure to vacate by tenant by the date ordered allows landlord to instigate court bailiff to remove tenants. (Landlord must not evict tenant himself)