Birmingham Law Centre: Landlord & Tenant > Residential
(0121 554 5541
and Tenant > Residential
To evict a residential tenant, you must first serve a notice stating the
grounds you are relying on. We usually advice that landlords serve a
Section 21 Notice
(found under ‘forms’) which then enables them to use the
to get the tenant out of the property. Under this procedure, the notice
must be served no less than 2 months before the date the landlord wants
possession of the property ending on a day before the rent payment would
be due. If the tenant does not leave, the Court must order possession.
It is called the accelerated procedure as the Court has to order
possession, it has no discretion other than in the number of days it
will allow the tenant before they have to leave, and hence there is no
need for a hearing – it is entirely paper based.
If the tenant still does not
leave, the landlord can then appoint the Court bailiff to physically
remove the tenant.
However, a landlord cannot also
claim rent arrears with the accelerated procedure and would have to
start a separate claim for this.
The alternative route is by
relying on the tenant’s breach of the tenancy agreement and serving a
notice setting out the grounds. If the tenant does not rectify the
breach, the landlord can start proceedings not earlier than 2 weeks
after service of the notice. While the notice period is shorter, under
this procedure there must be a Court hearing so the overall length of
time it takes will usually be longer than using the accelerated
procedure. Also the Court has more discretion to allow the tenant to
remain in the property so it is not guaranteed to get them out.
However, a claim for rent
arrears can be included by using this procedure so there is no need to
start a separate claim.
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