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SECTION 21 POSSESSION NOTICES

This is a no-fault ground for a landlord to get possession of their property back.
This notice cannot be served during the first four months of a new tenancy. You need to give two months notice and allow a working day extra for serving (two working days if posting first class) and that two months notice must expire after the fixed term has ended.

Filling in Form 6A;

Page 2 “You are required to leave the below address after [         ]” – you write the date they need to leave in this space, please see below.
The rest is self-explanatory. But contact us if you need help – 01603767101 or info@easternlandlords.org.uk

Serving the notice;

Witness to Notice Form – the witness should not be related to you and should sign to say they saw you leave the notice where only the tenant can find it – i.e. handed directly to them or posted through the letter box of their address OR use this to state the date and time and addresses of 2 Post Offices the notice was posted from and attach the proof of posting receipt from each Post Office.  DO NOT send “signed for”, as it is unlikely the tenant will sign for it – send 1st class.

Date on form 6A;
As an example if you were to serve notice on 2nd January, (assuming this is NOT a bank holiday), by hand before 430pm the expiry date would be 3rd March.
If you served notice after 430pm by hand it would be deemed served on the next working day, so expiry date of 4th March.  For a weekend or Bank Holidays you will have to add another day or two depending on when you serve the notice.
By first class post it is deemed served 2 working days later – so adjust expiry date accordingly – 4th March.

To serve by post, post first class from 2 separate post offices obtaining proof of posting from each post office.  The proof of posting receipts are your “witness” for the Witness to Notice form.

On the day after the expiry date you can send the following to the court;

Link to find court forms here

3 copies each of;

  1. N5B (Court Form for Possession of Property…)
  2. N215 (Certificate of Service)
  3. AST(s) – i.e. initial AST and any subsequent ASTs – (marked A, A1, A2 etc)
  4. Section 21 notice that was served – (marked C)
  5. Witness to Notice – (marked C1)
  6. Deposit certificate of registration
  7. Copy of the HMO licence (if applicable) – (marked D)

There is a fee of £355 payable to HMCTS

  • Approx. 2-4 weeks later you will receive an A4 letter with a tear off slip.  This letter gives the tenants 14 days to respond to the request for possession.  If after the 14 days they are still in your property send this slip back to the court.  (Do not send back before the stated time has elapsed).
  • Approx. 2 weeks later you will receive the Possession Order from the court which will state the date that you have regained possession of the property, (usually 2 weeks hence)

Please note these dates are approximate and you are at the mercy of the court and how busy they are.

If the tenants do not vacate by the possession date you will need to send form N325 and £121 to court to request court bailiffs to evict the tenants.  The bailiffs may take a month or more to contact you to arrange this and you would need a locksmith in attendance at the same time.

If you need to pursue the ex-tenant for rent arrears you can use Money Claim Online – MCOL
To see the current Court Fees click here