I'm struggling to get my tenant to leave after a Section 21 notice expired. What's the process for applying for a possession order through the court, and should I use the accelerated possession procedure or standard form?
Quick Answer
If your Section 21 notice has expired and your tenant hasn't left, you'll need to apply to court for a possession order. The accelerated possession procedure is usually quicker for Section 21 cases.
## What is the process for applying for a possession order after a Section 21 notice has expired?
If a tenant has not vacated a property by the specified date on a valid Section 21 notice, landlords must apply to the county court for a possession order. This is a mandatory legal step, as landlords cannot legally evict a tenant themselves. The process primarily involves either the Accelerated Possession Procedure (APP) or the Standard Possession Procedure (SPP), each with distinct requirements and timelines. Landlords need to ensure all prior steps, such as serving a valid Section 21 notice and adhering to deposit protection and 'How to Rent' guide obligations, have been met before applying to the court.
Applying for a possession order begins with completing the correct court form and submitting it, along with supporting documents and the required court fee, to the county court. The court will then process the application, which may involve a judge reviewing the paperwork or scheduling a hearing. The choice between APP and SPP largely depends on whether the landlord is solely seeking possession and if the Section 21 notice is the only ground for eviction. If successful, the court will issue a possession order, specifying a date by which the tenant must leave. Should the tenant still not vacate, a warrant for possession must be applied for, leading to bailiffs being involved. This structured legal approach ensures due process and prevents unlawful eviction.
## Should I use the Accelerated Possession Procedure (APP) or the Standard Possession Procedure (SPP)?
When a Section 21 notice has expired and a tenant remains in the property, the choice between the Accelerated Possession Procedure (APP) and the Standard Possession Procedure (SPP) is critical and depends on specific circumstances. The APP is generally preferred for its potential speed and cost-effectiveness, as it often does not require a court hearing, provided all paperwork is in order. It is suitable when the landlord is only seeking possession of the property and no claim for rent arrears is being made. For the APP, the Section 21 notice must have been served correctly, and the tenancy must be an Assured Shorthold Tenancy (AST).
The Standard Possession Procedure (SPP), conversely, is used when a landlord is seeking both possession and a claim for rent arrears, or if the grounds for possession include breaches of tenancy other than the expiry of a Section 21 notice (e.g., Section 8 grounds). The SPP almost always involves a court hearing, which can prolong the process and incur additional legal costs. An example scenario where SPP would be necessary is if a tenant owes £5,000 in unpaid rent, and the landlord wishes to recover this alongside gaining possession. Given the abolition of Section 21 notices from 1 May 2026 under the Renters' Rights Act 2025, future possession claims will primarily rely on new mandatory and discretionary grounds, necessitating a different approach than the current APP.
## What are the eligibility criteria for the Accelerated Possession Procedure?
The Accelerated Possession Procedure (APP) has strict eligibility criteria that must be met to avoid delays or rejection by the court. Firstly, the tenancy must be an Assured Shorthold Tenancy (AST), which is the most common form of residential tenancy in the UK. Secondly, a valid Section 21 notice must have been served correctly, providing the tenant with at least two months' notice to vacate, and this notice period must have expired. The validity of the Section 21 notice itself is contingent on several factors, including the proper protection of the tenant's deposit in a government-backed scheme and providing the tenant with prescribed information, such as the 'How to Rent' guide and the property's Energy Performance Certificate (EPC) and Gas Safety Certificate at the start of the tenancy.
Furthermore, the landlord must not be claiming any rent arrears or other monies from the tenant within the APP application. If a landlord wants to recover unpaid rent, they must use the Standard Possession Procedure or pursue a separate money claim. The court application form, N5B, must be filled out accurately and completely, with all required documents attached, including a copy of the tenancy agreement, the Section 21 notice, proof of service, and deposit protection certificates. Any errors or omissions can lead to the application being rejected or significantly delayed, requiring a hearing where one might otherwise have been avoided. Landlords should also be aware that the Renters' Rights Act 2025 will abolish Section 21 notices from 1 May 2026, meaning that this procedure will no longer be available for tenancies created or renewed after that date, and eventually for all existing ASTs.
## What are the typical costs and timescales involved?
The costs and timescales for obtaining a possession order can vary significantly, depending on the procedure chosen and the tenant's actions. For the Accelerated Possession Procedure (APP), the initial court fee for submitting form N5B is currently around £355. If the application is straightforward and no hearing is required, a possession order can potentially be issued within 6-10 weeks. However, if the tenant raises a defence or if the judge requires further clarification, a hearing may be ordered, extending the timescale to 3-6 months or longer. Legal fees for solicitors to manage an APP can range from £800 to £2,000, excluding VAT, depending on the complexity and location.
For the Standard Possession Procedure (SPP), the initial court fee for form N5 is also around £355. However, because a hearing is almost always required, the process is inherently longer. Including the hearing and subsequent order, SPP can take 4-9 months, and in more complex cases, over a year. If the tenant still does not vacate after the possession order, a warrant for possession must be applied for, incurring an additional court fee of approximately £140. Appointing county court bailiffs can then take a further 4-8 weeks to execute the warrant, depending on court backlogs. Legal costs for SPP are generally higher due to the need for representation at hearings, often ranging from £2,500 to £5,000 or more, plus VAT. These figures do not account for potential appeals or further delays.
## What happens after a possession order is granted?
Once a possession order is granted by the court, it will specify a date by which the tenant must leave the property, typically 14 or 28 days from the date of the order. This period allows the tenant time to find alternative accommodation and vacate voluntarily. If the tenant complies and leaves by this date, the process is complete, and the landlord can regain possession. It is important for landlords to ensure the property is secured and the locks are changed once possession is legally regained.
However, if the tenant does not vacate by the date stipulated in the possession order, the landlord must take further legal action to enforce it. The next step is to apply to the court for a 'warrant of possession'. This involves completing the correct court form, N325, and paying an additional court fee, which is currently around £140. Once the warrant is issued, county court bailiffs will be appointed to attend the property and physically evict the tenant. The timescale for bailiff appointments can vary significantly based on the local court's workload, often taking several weeks or even months. During this period, communication with the court and tracking the warrant's progress is essential. Under no circumstances should a landlord attempt to evict a tenant themselves, as this is illegal and can lead to severe penalties, regardless of whether a possession order has been granted.
## How does the upcoming Renters' Rights Act 2025 affect this process?
The Renters' Rights Act 2025, which abolishes Section 21 'no-fault' evictions in England from 1 May 2026, will fundamentally alter the process for gaining possession. After this date, landlords will no longer be able to use the Section 21 notice as a ground for possession. Instead, all possessions will need to be based on specific, legally defined grounds, which will be set out in the new legislation. These grounds will be a mix of existing Section 8 grounds (such as rent arrears, property damage, or breach of tenancy) and new grounds introduced by the Act. This shift means that the Accelerated Possession Procedure, which relies solely on the Section 21 notice, will eventually cease to exist.
Landlords will need to familiarise themselves with the revised and expanded grounds for possession. For instance, new mandatory grounds might include a landlord needing to sell the property or move into it themselves, subject to certain conditions and notice periods. The process will likely resemble the current Standard Possession Procedure, requiring landlords to prove a ground for possession to the court. This change is expected to increase the reliance on court hearings for all possession claims, potentially leading to longer overall timescales and increased legal costs for landlords as they navigate the new framework. It underscores the importance of maintaining thorough records and communication throughout the tenancy, as evidence will be crucial for any future possession claim. From 1 May 2026, property investors must adapt their tenancy management and legal strategies to comply with these significant legislative changes.
Steven's Take
The abolition of Section 21 from 1 May 2026 marks a significant shift in how landlords can regain possession of their properties. While the Accelerated Possession Procedure currently offers a quicker route for valid Section 21 notices, its days are numbered. As investors, we must pivot our strategies now. This means focusing on robust tenant referencing, clear tenancy agreements, and diligent property management to minimise breaches that could lead to costly Section 8 claims under the new regime. Understanding the new grounds for possession, when they can be used, and the evidence required will be paramount. Don't wait until 2026 to understand these changes; start preparing your processes and documentation now to ensure you're ready.
What You Can Do Next
1. Review Your Section 21 Notice Validity: Check all conditions were met when serving your Section 21 notice, including deposit protection via schemes like DPS, TDS, or MyDeposits, and providing the 'How to Rent' guide and valid EPC/Gas Safety Certificates. Refer to gov.uk/tenancy-deposit-protection and gov.uk/government/publications/how-to-rent for detailed requirements.
2. Choose the Correct Court Procedure: Decide between Accelerated Possession Procedure (APP) (Form N5B) if only seeking possession, or Standard Possession Procedure (SPP) (Form N5) if also claiming rent arrears. This choice impacts forms, fees, and timelines. Consult gov.uk/possession-claim-form-n5 for more information.
3. Gather All Required Documentation: Compile copies of the tenancy agreement, Section 21 notice, proof of service (e.g., certificate of posting), deposit protection certificate, 'How to Rent' guide, EPC, and Gas Safety Certificate. Errors here are the most common cause of delays.
4. Complete and Submit Court Forms: Fill in either Form N5B (APP) or N5 (SPP) accurately, attaching all supporting documents, and pay the current court fee (around £355). Submit to the relevant county court. Incorrectly completed forms will be returned.
5. Prepare for the Post-Order Phase: If a possession order is granted and the tenant does not vacate, you must apply for a warrant of possession (Form N325) with an additional fee of approximately £140. This is the only legal way to involve bailiffs. Do not attempt self-eviction. See gov.uk/government/publications/form-n325-request-for-warrant-of-possession-of-land for the form.
6. Research the Renters' Rights Act 2025: From 1 May 2026, Section 21 will be abolished. Familiarise yourself with the new possession grounds and processes. Gov.uk provides updates on new legislation, and official landlord associations like the NRLA offer guidance on upcoming changes.
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