When a landlord decides to serve a tenant with a Section 21 notice, they do so with the expectation that the tenant will vacate the property by the specified date However, in some cases, tenants refuse to leave even after they have been served with a Section 21 notice This can be a frustrating and challenging situation for landlords, but there are steps that can be taken to resolve the issue.
A Section 21 notice is the most common way for a landlord to evict a tenant in England and Wales It is often used when a tenant has not breached the terms of their tenancy agreement but the landlord simply wants the property back The notice gives the tenant at least two months’ notice to vacate the property, after which the landlord can apply to the court for a possession order if the tenant has not left.
If a tenant refuses to leave after being served with a Section 21 notice, the landlord’s first course of action should be to try and resolve the situation amicably This could involve negotiating a move-out date with the tenant or offering them financial incentives to leave voluntarily It is important to keep communication open and try to come to a mutual agreement if possible.
If negotiations fail and the tenant still refuses to leave, the landlord will need to apply to the court for a possession order This process can be time-consuming and costly, but it is often the only way to legally remove a tenant who is unwilling to vacate the property.
There are two types of possession orders that a landlord can apply for in this situation: a standard possession order and an accelerated possession order section 21 served tenant won t leave. A standard possession order is used when the tenant has not vacated the property by the date specified in the Section 21 notice An accelerated possession order can be used if the tenant has not left and the landlord does not need to claim any unpaid rent or damages.
To apply for a possession order, the landlord will need to fill out the relevant court forms and provide evidence that the Section 21 notice was served correctly The court will then set a date for a hearing, where both the landlord and the tenant will have the opportunity to present their case.
If the court grants the possession order, the tenant will be given a set amount of time to leave the property voluntarily If they still refuse to leave, the landlord can apply for a warrant of possession, which will allow bailiffs to physically remove the tenant from the property.
Dealing with a Section 21 served tenant who won’t leave can be a stressful and challenging experience for landlords, but it is important to follow the correct legal procedures and seek advice if necessary It is also essential to keep communication open with the tenant and try to resolve the situation amicably if possible.
In conclusion, when a tenant refuses to leave after being served with a Section 21 notice, landlords should attempt to negotiate a voluntary move-out date or offer incentives for the tenant to leave If negotiations fail, the landlord can apply to the court for a possession order to legally remove the tenant from the property While this process can be time-consuming and costly, it is often the only way to resolve the situation and regain possession of the property.