Possession Orders

When can a landlord apply for a possession order?

A landlord can apply for a possession order when a tenant has breached the terms of the tenancy agreement, or when the fixed term of the tenancy has ended, and the tenant has not vacated the property. Common grounds for seeking a possession order include:

• Rent arrears: The tenant has failed to pay rent on time or is consistently late with payments.
• Breach of tenancy terms: The tenant has violated specific terms of the agreement, such as causing damage to the property or engaging in antisocial behaviour.
• End of tenancy: The tenancy has reached the end of its fixed term, and the tenant refuses to leave the property.

How to apply for a possession order?

To apply for a possession order in the UK, follow these steps:

1. Serve the notice: Ensure you’ve served the tenant with a valid section 8 or section 21 notice and allowed the required notice period to elapse.
2. Complete the application: Fill out the necessary court forms (N5 and N119 for standard or N5B for accelerated possession orders).
3. Submit to court: Submit the forms to the local court, along with any required documentation and the appropriate fee.
4. Court processing: The court will process the application, and a hearing may be scheduled if necessary.
5. Await the decision: If granted, the court will issue a possession order with a date by which the tenant must vacate the property.

For specific advice or assistance, it's advisable to consult with a solicitor.

Types of possession orders

There are different types of possession orders that a landlord can seek:

Standard possession order

A standard possession order is used when a landlord wants to regain possession of their property but is also seeking payment of rent arrears or other costs. After the court receives the application, a hearing is scheduled where both the landlord and tenant can present their cases. If the judge grants the order, the tenant is usually given a specific date by which they must vacate the property and pay any damages or costs awarded.

Accelerated possession order

An accelerated possession order is a faster process available when the landlord is not seeking any outstanding rent or costs, and the tenant's only breach is failing to leave the property after the end of the tenancy. There is usually no court hearing, and the tenant must vacate the property within a specified period, typically 14 days from the date of the order.

Outright possession order

An outright possession order is granted when the court decides that the tenant must leave the property by a specific date, usually within 14 to 28 days. If the tenant fails to leave, the landlord can request a warrant for eviction.

Suspended possession order

A suspended possession order allows the tenant to stay in the property as long as they comply with certain conditions, such as paying rent arrears by an agreed deadline. If the tenant breaches these conditions, the landlord can apply to enforce the eviction.

The possession order process

The process of obtaining a possession order involves several steps:

1. Serving notice: The landlord must first serve the tenant with a valid notice, such as a section 21 or section 8 notice, depending on the circumstances. This notice informs the tenant of the landlord's intention to seek possession and gives them a period to remedy the situation or vacate the property.
2. Applying for a possession order: If the tenant does not comply with the notice, the landlord can apply to the court for a possession order. This application can be made online or through the post, and the landlord must provide evidence to support their claim.
3. Court hearing (Standard Possession Order): In the case of a standard possession order, a court hearing is scheduled where both parties can present their arguments. The judge will then decide whether to grant the possession order and set a date for the tenant to leave.
4. Issuance of the order: If the court grants the possession order, the tenant is given a deadline to vacate the property. Failure to comply can result in the landlord applying for a warrant of possession, allowing bailiffs to remove the tenant.

What happens after a possession order is granted?

Once a possession order is granted, the tenant must vacate the property by the date specified in the order. If the tenant fails to leave, the landlord can apply for a warrant of possession, which permits bailiffs to carry out an eviction. It is important to note that tenants can sometimes apply to the court for more time to move out, particularly if they are facing exceptional hardship.

Tenants’ rights and defences

Tenants have the right to defend against a possession order application, particularly if they believe the landlord has not followed the correct legal procedures or if the eviction is unfair. Common defences include:

• The landlord failed to protect the tenant's deposit in a government-approved scheme.
• The notice served was invalid, for example, not providing the correct notice period.
• The tenant has already paid off rent arrears or is willing to do so within a reasonable time.

How long does it take to get a possession order after section 21?

After serving a section 21 notice, it typically takes around six to eight weeks to obtain a possession order, provided there are no delays or disputes. This timeline includes the court processing the application and scheduling a hearing if necessary. However, the process can take longer if the tenant contests the notice or if the court is experiencing delays. Once the order is granted, the tenant usually has 14 to 28 days to vacate the property.

An accelerated possession order in the UK typically takes about four to six weeks to process. This timeline can vary depending on the court's workload and whether the paperwork is correctly completed. Since there's usually no court hearing involved, it’s generally quicker than a standard possession order. However, if the tenant contests the order, the process may take longer as a hearing will typically be listed. Once granted, the tenant usually has 14 days to vacate the property.

What is the difference between eviction and possession?

Eviction and possession are related but distinct terms in the context of property law.

• Possession refers to a legal process where a landlord seeks to regain control of their property from a tenant, typically through a possession order granted by a court. It’s about the landlord's right to the property.
• Eviction occurs when a tenant is forcibly removed from the property, often following a possession order. This step usually involves court bailiffs and happens when the tenant does not leave voluntarily after the possession order is granted.

A possession order is a critical step in the eviction process that allows landlords to regain control of their property when a tenant breaches the tenancy agreement or fails to vacate at the end of the tenancy. Understanding the different types of possession orders and the process involved is essential for both landlords and tenants. Seeking professional legal advice, such as from the experienced solicitors at Stephensons, can help ensure that the process is handled correctly and fairly. Call us on 0161 696 6170.