A Section 21 Notice informs the Tenant that the Landlord's requires they vacate and can only be used to terminate an Assured Shorthold Tenancy (AST)
The Tenant must be in receipt of the Notice for no less than two months - The Notice should typically be dated to expire the LAST day of a rental period, UNLESS the Notice is served in the last two months of the FIXED term.
If you do not issue a Section 21 Notice you CANNOT apply to the courts for a possession order. So if the Tenant simply refuses to leave you have no recourse until a Notice has been served and expired. Basically you WILL NOT get possession of your property by lawful means.
Many Landlords and Tenants amicably part at the end of the tenancy. Many Landlords do not realise that the AST continues in perpetuity until such time as the Tenant's surrenders their possession rights over the property, or the Landlord gains possession through the courts. Many Tenants are equipped with this knowledge and can simply play a waiting game should they wish and live in the premises until removed by a court order.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.