Maximum time limit to start court possession on section 21 notice

Landlord Discussion Legal
1

Hi all,

I have 2 queries I am hoping to get some advice on.

  1. How long after issuing a section 21 notice can i start the accelerated court posession?
    I have seen 6 months on some sites but then shelter website states 4 months so am slightly confused.

  2. If i get the possesion order via section 21, can i still claim for rent arrears any other way? Would it be via MCOL or small claims etc?

Many thanks

2

The s21 notice is a bare 2 months from the date of service, (add a couple of days if posting and I usually add a further 2 days just in case). You can apply for a possession order as soon as it expires if the tenant doesn’t leave. The shelf life of the notice is 6 months from the date of service, so you must apply within 4 months of expiry.

Yes, you would claim for losses via MCOL. I suggest after the tenant has left so that you know the full extent of arrears and damage.

1 Like
3

@David122 thank you for your response. So the S21 expired on 1st Nov 22. Am i correct in assuming that i then have upto 1st March 23 to apply for possession order?

4

Yes, that’s correct.

1 Like