Stage 1: Before you start court proceedings (accelerated possession)
The documents contained in this pack include everything you will need before you can start court proceedings to claim back possession of your property if it is rented using an assured shorthold tenancy agreement.
Begin the process by using the document 'Notice under section 21 of the Housing Act 1988' along with its associated covering letter. (Please note that you cannot use this section 21 notice if you taken a deposit but have not sent to your tenants a notice of the government-authorised tenancy deposit protection scheme that you are using. If you have not yet done this, you should use the document 'Notice to tenant(s) of deposit protection scheme' first.)
Once you have correctly served the section 21 notice, use Form N215 - Certificate of service to record how and when the section 21 notice was served.
If the tenants do not move out of the property in the time stipulated in the section 21 notice, you can move to stage two in the process by using our pack 'Stage two: Start court proceedings for possession (accelerated possession)'.
Pack documents:
- Notice to tenant(s) of deposit protection scheme
- Notice under section 21 of the Housing Act 1988
- Covering letter for section 21 notice
- Form N215 - Certificate of service
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Included in this service:
Protect the deposit and give this notice and the scheme documents to the tenant within 30 days of the tenant paying the deposit. At the same time, you should also send it (together with the scheme documents) to anyone who paid the deposit for the tenant and, in order to avoid any dispute, the tenant's guarantors (if any).
This is the formal notice that you must serve on (i.e. give to) a tenant to tell them that you're seeking possession of your property under section 21 of the Housing Act 1988.
It can only be used for properties in England let under an assured or assured shorthold tenancy agreement.
You must not send this notice:
- Before the tenancy starts
- Unless the tenant has lived in the property for at least 4 months
- Before the end of the fixed-term of a tenancy (unless there is a break clause in the tenancy agreement allowing you to do so)
- If you've failed to comply with several other conditions (which are set out in the guidance notes of this document).
Otherwise, you can use our document Covering letter for section 21 notice to send it.
Most documents take about 15 - 45 minutes
You can try the service out beforehand, and can save your progress at any time and come back to the document later.
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