Possession Orders

What is a Possession Order?

A possession order is a court order that requires tenants to vacate a property and return possession to the landlord. It is typically required when a tenant fails to leave after being served with a valid Section 8 or Section 21 notice, or when there are disputes about the validity of the notice.

When Is a Possession Order Needed?

You'll need to apply for a possession order in the following situations:

• When tenants fail to vacate after the notice period in a Section 8 or Section 21 notice expires
• If there are rent arrears or other serious breaches of the tenancy agreement
• When you need a legally enforceable court order to proceed with bailiff action
• If there are disputes about the tenancy that need court resolution

The Possession Order Process

Obtaining a possession order involves several steps:

1. Application preparation: Completing the necessary court forms (N5 for Section 8 or N5B for Section 21) and gathering all supporting evidence.
2. Court submission: Filing the possession claim with the county court and paying the court fee.
3. Court review: The court reviews the application and sets a hearing date (typically 4-8 weeks away).
4. Court hearing: Attending the hearing to present your case (or having a legal representative attend for you).
5. Possession order: If successful, the court grants a possession order, which may be:
   • An outright possession order (requiring tenants to leave within 14-28 days)
   • A suspended possession order (allowing tenants to stay if they meet certain conditions)
6. Bailiff enforcement: If tenants still don't leave, applying for a warrant of possession for bailiff enforcement.

Accelerated Possession Procedure

If you're using a Section 21 notice, you may be able to use the accelerated possession procedure, which:

• Is generally faster than the standard procedure
• Usually doesn't require a court hearing
• Can only be used for possession (not for claiming rent arrears)
• Requires all documentation to be in perfect order

Why Choose Us for Possession Orders

Obtaining a possession order through the courts can be complex and time-consuming. Our panel of specialist solicitors can:

• Prepare all necessary court documentation accurately
• Ensure all evidence is properly presented
• Represent you at court hearings
• Advise on the most appropriate type of procedure for your circumstances
• Deal with any defenses or counterclaims raised by the tenant
• Minimize delays and complications in the process

Our expertise can significantly increase your chances of obtaining a possession order quickly and efficiently, saving you time, stress, and potentially thousands of pounds in lost rent.