Tenant won’t move after section 21?

Tenant won’t move after section 21?

11:14 AM, 15th March 2023, About 3 months ago 6

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Hello – my tenant was served a section 21 and has now decided to defend it to gain time even though our grounds for serving the notice are to sell the property. We cannot remortgage because the rent is so low and the property has decreased in value and we cannot sell with the tenant in, as the property is no longer up to scratch.

Is there anything I can do to expedite them leaving?

Or, if not, as we have not raised the rent in 18 months because it is paid by Bristol City Council and it is at their limit – can we raise it to market rate, which would be an additional £400 per month?

Or would this be seen negatively by the court?

I do not want to do anything to jeopardise the eviction process.

Many thanks,


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Shanita Rahman

13:01 PM, 15th March 2023, About 3 months ago

Unfortunately you may have to apply to court for a possession order. From experience I would get eviction specialists to carry this out for you. As one error and you start the process again. If the tenant is paying rent then keep them on side as many will also stop paying rent. I wouldn't mention raising rent to market value. In your supporting statement say you are selling due to change in your financial circumstances.

Seething Landlord

14:30 PM, 15th March 2023, About 3 months ago

On what grounds is the tenant proposing to defend the possession claim?

David Houghton

14:42 PM, 15th March 2023, About 3 months ago

You don't need grounds for s 21. Get hold of court form N5b. Make sure you have complied with all the requirements and it's easy. Starting with does your tenancy contain contractual method of service? If not can you prove he got it. Was your EPC in place, and gas safety certificate etc. It's all on the form.

Yes you can increase the rent the court won't care. Doesn't mean you will get the rent though

Dylan Morris

17:16 PM, 15th March 2023, About 3 months ago

Reply to the comment left by Shanita Rahman at 15/03/2023 - 13:01
You don’t need to provide a supporting statement for a Section 21 that goes to Court……. no reason needs to be given whatsoever. You want your house back end of.

Georgina Long

18:39 PM, 15th March 2023, About 3 months ago

Yes they don't have to let the viewers in. They are allowed to refuse visitors including the LL.
If you haven't already done so I'd suggest hiring an eviction specialist. If they do not go on time and they are advised to stay in the property, like council tenants do you'll be waiting for months.

You can raise the rent with the right forms and you can also evict with a s8 with 2 months of non payment.


13:45 PM, 16th March 2023, About 3 months ago

Don't provide any reasons or they could be used against you. S21 is the no-fault eviction process.

If the tenant is defending then it will be on a technicality and they will win if they are correct. Check the validity of your notice here:

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