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You are here: Home / Ending a Tenancy / How do I apply to court to evict my Tenants? / Section 21 Notice - Court Application N5b England / What happens after I have made my application for 21 Possession to the court?
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  • Section 21 Notice - Court Application N5b England
  • What happens after I have made my application for 21 Possession to the court?
  • Court Application - N5B Section 21 Evidence needed
  • Section 21 Change of Ownership from first Tenancy - Where you purchase, inherit or Transfer a property
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What happens after I have made my application for 21 Possession to the court?

After the courts receive your application they send a copy of the following to the Tenant
  • A copy of your application for possession or see court form
  • A copy of your evidence
  • A Tenant Defence Form the Tenant has 14 days to lodge a defence against your request for possession -
Hereafter there are a number of possibilities :
 
  • The Tenants take advice and see Citizens Advice or contact the Council
  • The validity of your Section 21 Notice and the right to use this process is questioned. If in doubt see entitlement to use this process see Section 21 Possession check list
  • The Tenant does not lodge an appeal and your paper work is in order Courts grant you a Possession Order by post
  • The Tenant appeal your application or the courts query the validility of you Section 21 Possession application
  • The Possession order using the Section 21 Notice is set aside
  • The Tenant leaves before receiving a Possession Order - but this presents another problem. Can I change the locks? and How do I recover my losses?

IMPORTANT YOU MUST RETURN THE SLIP TO THE COURT

  • After you have made your application to the court (N5B) the courts will send you a confirmation that the papers have been served on the Tenant(s).
  • Provided the courts have not notified you of a defence or a court hearing [if court hearing click here for there should NOT be a hearing] after 14 days from the date on the courts notification return the slip to the courts
  • Returning the slip means - the papers are then forwarded o the Judge who review and should grant possession by post - If the Judge informs you of a court hearing click here for this should be a possession by post process
  • If you fail to return the request for possession - If the Tenant files a defence at court after the 14 days has expired but before you make a written request to the court to grant a possession order, then the defence will be accepted by the court. Therefore return your slip as soon as the 14 days have passed.

The JUdge CheckS PAPERS then COURTS GRANT YOU A POSSESSION ORDER

  • Provided the Judge is satisfied your application is valid they have no choice but to grant a possession you are informed by post and the Tenants are given a date to vacate.
  • The Tenant can still appeal and the Section 21 Possession order can be set aside
  • What do I do if the Tenant leaves possessions in the premises?
  • The Tenant has left Owing you Money

NEXT - Should the Tenants fail to vacate by the date of the possession order only then can you apply for a Bailiff


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