In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, is a notice under section 21 of the Housing Act 1988,[1] that a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession.[2][3] The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed[i] by a County Court bailiff or High Court enforcement officer.[4] Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy.[ii][5] If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order.[iii][iv][6] The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence,[6] or the case is pending an appeal.[v][7]
Where a landlord is seeking possession on the basis of a section 21 notice where the tenancy is, or where there are successive tenancies on the same terms as, the original tenancy comprised in a written tenancy agreement, the landlord may bring a claim for possession under the accelerated procedure if no other claims are being made at the same time.[8] Unlike a standard possession claim, the accelerated possession version is decided by a judge on paper without a hearing unless the paperwork does not appear to be in order, or the tenant has raised an important issue in defence.[9] The mean time between claim for possession under the accelerated procedure being issued at court and eviction in 2019 was 27.4 weeks, with a median of 18.7 weeks.[10]
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