“No Fault” Eviction Claims against Residential Tenants

Residential Possession Proceedings – Accelerated Procedure

The template documents in this folder are designed to help residential landlords and their professional advisers to regain possession of premises that have been let on an assured shorthold tenancy (AST).

The subfolder contains Guidance Notes explaining the Accelerated (or “No Fault”) Procedure for Possession under Section 21 of the Housing Act 1988. The procedure requires the landlord to take various steps such as serving a Section 21 Notice, starting a Court Claim if the tenant does not vacate willingly and possibly taking Enforcement Action if the tenant remains in occupation after the court has made an Order for Possession.

Due to Coronavirus (Covid-19), the government introduced a temporary eviction ban in England prohibiting Enforcement Action from being taken between 17 November 2020 to 11 January 2021 unless an exemption applies.  The exemptions are:

1. To evict occupants where 'substantial' rent arrears have accrued.  The arrears must equate to 9 months' rent and must have accrued before the 23 March 2020,

2. To evict trespassers, 

3.  To evict occupants on the grounds of anti-social behaviour, 

4. To evict occupants on the grounds of nuisance or domestic abuse or false statements, and 

5. Where a property is unoccupied following the death of a tenant. 

It may take longer than usual to evict tenants due to national restrictions being imposed. 

If the landlord is not able to use the accelerated procedure to obtain possession, he may be able to serve a Section 8 Notice and use the standard procedure for possession. Please refer to our Standard Possession Proceedings documents for further information.

The documents needed at each stage of the process are included in this subfolder. The Notices, Court Forms and covering Letters are professionally drafted and are accompanied by explanatory notes.

These Residential Possession Proceedings – Accelerated Procedure documents are part of the Property Documents Folder. Just £35.00 + VAT will provide you with 1 year's unlimited access to download all/any documents from the Property Folder.

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