How Long Does It Take to Get a Possession Order After Section 21?
- Arnold Inventories
- Apr 17
- 5 min read
If you’re a landlord in England or Wales, chances are you’ve heard of a Section 21 notice. It's a legal tool that allows landlords to regain possession of their property without having to provide a reason, provided certain conditions are met.
But once a Section 21 notice has been served, what comes next? More specifically: how long does it take to get a possession order after Section 21?
What Is a Section 21 Notice?
A Section 21 notice is used to end an Assured Shorthold Tenancy (AST) in England and Wales. It provides landlords with a no-fault route to regain possession of their rental property, as long as the tenancy agreement and legal requirements have been correctly followed.
You must give tenants at least two months’ notice, and the notice cannot expire before the end of the fixed term (unless there’s a break clause).
After Serving Section 21: The Road to Possession
So, how long does it take to get a possession order after Section 21 is served?
While each case can vary, here's a typical timeline:
1. Notice Period (2 months minimum)
Once you've issued the Section 21 notice, the tenants must be given a minimum of two months to vacate the property. This is a fixed statutory requirement.
⚠️ Ensure your notice is correctly served and includes all required documents (e.g., EPC, How to Rent guide, gas safety certificate). Errors here can invalidate the notice.
2. Waiting for Tenants to Vacate
Some tenants will leave as requested. Others may stay past the notice period. If they remain, the next step is to apply to the court for a possession order.
3. Applying for a Possession Order (Up to 6 weeks)
If tenants don’t leave voluntarily, you can apply for a standard possession order via the county court. If there’s no rent arrears, you may be eligible for an accelerated possession procedure, which is quicker as it usually avoids a court hearing.
Timeframe:
Accelerated possession order: 4–6 weeks (if uncontested).
Standard possession order: 6–10 weeks, possibly longer if a hearing is needed.
4. Enforcement (If Tenants Still Don’t Leave)
If the court grants possession but tenants still don’t leave, you’ll need to instruct county court bailiffs or apply for High Court enforcement. This can add 2–6 more weeks, depending on the court’s availability.
Estimated Total Timeline
Common Delays & How to Avoid Them
Incorrect paperwork: Make sure all compliance documents were served before issuing the notice.
Errors in the notice: Small mistakes (wrong dates, incomplete forms) can invalidate your Section 21 notice.
Court backlog: Court delays, especially in busy areas, can stretch timelines.
Tenant challenges: Tenants may dispute the notice or ask for more time, particularly if vulnerable.
At Arnold Inventories, we offer comprehensive check-in and check-out inventory services that ensure your paperwork is bulletproof—supporting successful possession claims if disputes arise.
How Arnold Inventories Can Help
Navigating a possession claim can be daunting, especially if it’s your first time. Our role is to make the process easier by providing:
Legally compliant property inventories
Detailed check-out reports
Mid-term inspections
Photo and video evidence to support Section 21 and deposit claims
All our reports are ARLA-compliant, professionally written, and delivered promptly.
By having professionally compiled documentation, landlords can reduce the risk of tenant disputes and strengthen their position in court.
👉 Learn more about our landlord services and how we can support your property management needs.
Frequently Asked Questions: Section 21 and Possession Orders
How long does it take to get a possession order after a Section 21 notice?
On average, it takes 3.5 to 5.5 months from serving a Section 21 notice to gaining full possession of the property. This includes the 2-month notice period, court processing time for the possession order, and potential delays with enforcement if tenants don’t leave voluntarily.
What is a Section 21 notice and when can landlords use it?
A Section 21 notice is a legal way for landlords in England and Wales to end an Assured Shorthold Tenancy (AST) without giving a reason. It can only be used if the correct notice period is given, and all legal requirements—like providing an EPC, gas safety certificate, and “How to Rent” guide—have been met.
What happens if tenants don’t leave after a Section 21 notice?
If tenants stay beyond the notice period, landlords must apply to the court for a possession order. If granted and tenants still don’t vacate, the landlord can request bailiff enforcement to regain the property.
How long does the accelerated possession order process take?
The accelerated possession procedure (used when there are no rent arrears) typically takes 4 to 6 weeks once the court receives the application. However, delays can happen depending on court workloads or if tenants file a defence.
Can landlords speed up the eviction process after Section 21?
Landlords can’t legally shorten the required 2-month notice period, but they can avoid delays by:
Ensuring all documents are served properly
Using the accelerated procedure if eligible
Keeping detailed records and property inventories
At Arnold Inventories we help landlords document everything clearly to prevent disputes and delays.
What documents are required to serve a valid Section 21 notice?
Before serving a Section 21, landlords must have provided:
A valid Energy Performance Certificate (EPC)
A current Gas Safety Certificate
The latest "How to Rent" guide
A compliant tenancy deposit scheme confirmation
Failure to provide any of these may render your Section 21 invalid.
Do landlords always need a court hearing for a possession order?
Not always. If you use the accelerated possession route, and the tenants don’t dispute the notice, a judge can grant possession without a hearing. If there’s disagreement or complex issues, the court may schedule a hearing.
How can I protect myself from tenant disputes during the eviction process?
One of the best ways to protect yourself is by having a detailed, independent inventory report. This can prove the condition of the property, support deposit deductions, and strengthen your case if challenged in court.
What if the tenants ask for more time to leave after the court order?
In some cases, tenants can ask the judge for up to 6 extra weeks to find alternative accommodation. The court may grant this, especially if the tenants are considered vulnerable or have children.
What’s the difference between a Section 21 and Section 8 notice?
Section 21 is a “no-fault” eviction, used when you simply want the property back.
Section 8 is used when tenants have breached the tenancy, such as by not paying rent or damaging the property.
The timelines and court processes for Section 8 can be different and sometimes more complex.
