Possession order

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Obtaining a possession order is often a necessary step for landlords looking to regain control of their property when tenants refuse to vacate.

This legal process can be intricate, requiring careful attention to detail. At Moore Barlow, our solicitors specialise in securing possession orders, ensuring that your property rights are enforced promptly and legally.

What is a possession order?

A possession order is a legal document issued by a court that allows a landlord to regain possession of their property from a tenant. It is typically sought when a tenant has breached the terms of their lease, such as by failing to pay rent or refusing to leave after the lease has expired.

Chris Marsden

Chris Marsden

Partner | Real estate disputes

023 8202 5036

Types of possession orders

There are several types of possession orders in the UK, each suited to different situations:

Standard Possession Order

This is the most common type of order, typically used when the landlord wants the tenant to vacate the property after serving a Section 21 or Section 8 notice. A court hearing may be required if the tenant contests the order.

Accelerated Possession Order

Used when a landlord serves a Section 21 notice and there is no claim for unpaid rent. This process is quicker because it usually doesn’t require a court hearing.

Outright Possession Order

The court orders the tenant to leave the property by a specific date, usually within 14 days. If the tenant does not leave, the landlord can request bailiffs to enforce the order.

Suspended Possession Order

The tenant is allowed to stay in the property as long as they meet certain conditions set by the court, such as paying rent arrears in instalments. If the tenant fails to comply, the landlord can enforce the order.

Postponed Possession Order

Similar to a suspended order, but the possession date is postponed, giving the tenant more time to comply with conditions. If the conditions are met, the order may not be enforced.

Interim Possession Order

This is used in cases where someone has unlawfully occupied the property (squatters). It allows the landlord to regain possession quickly, usually within a few days, but requires a full possession order to be obtained subsequently.

Each type of possession order is designed to address specific circumstances, depending on the reason for eviction and the tenant’s response.

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Discover how our expert property disputes lawyers can help you.

How we can help

At Moore Barlow, we provide expert legal services to landlords seeking possession orders. Our team will guide you through the process, from filing the necessary paperwork to representing you in court. We aim to secure a possession order as quickly as possible, ensuring minimal disruption to your property interests.

Contact us

If you need to obtain a possession order, contact Moore Barlow for expert legal assistance. Our experienced team is ready to help you navigate the legal process and regain control of your property. Reach out to us today to discuss your situation.

We are here to help

Discover how our expert property disputes lawyers can help you.

Contact our property disputes team

Possession order – frequently asked questions

How long does it take to get a possession order?

In the UK, after a notice for possession is served, it typically takes between 4 to 6 months to obtain a possession order, depending on the type of notice served, the court’s schedule, and whether the tenant contests the claim. The process may take longer if complications arise, such as the need for a court hearing.

After serving a Section 21 notice, obtaining a possession order typically takes between 6 to 12 weeks, depending on the court’s schedule and whether the tenant contests the notice. This timeline can vary, especially if delays occur or if the case requires a court hearing. It’s important to ensure that the Section 21 notice was served correctly to avoid further delays.

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

  1. Serve the correct notice: Ensure you have served either a Section 21 or Section 8 notice, depending on your situation, and that the notice period has expired.
  2. Complete the court forms: Fill out the necessary forms, typically Form N5 (Claim for Possession) and Form N119 (Particulars of Claim for Possession).
  3. Submit the forms to the court: File the completed forms with your local county court, along with the required fee.
  4. Attend the court hearing (if required): If the tenant contests the claim or if it’s a Section 8 notice, a court hearing may be scheduled. Attend the hearing to present your case.
  5. Receive the possession order: If the court grants the order, it will specify a date by which the tenant must leave the property.
  6. Enforce the order (if necessary): If the tenant does not leave by the specified date, you may need to apply for a warrant of possession to involve bailiffs in enforcing the order.

In the UK, the cost of applying for a possession order is typically around £391. If the tenant does not leave voluntarily and you need to enforce the order using bailiffs, there is an additional fee of £143 for the warrant of possession. Prices may vary slightly depending on the court and any additional legal fees if you seek professional legal assistance.

To challenge a possession order, you must apply to the court for a hearing, providing evidence that the order was unfair or incorrect, such as improper notice or valid reasons for staying. It’s crucial to act quickly, usually within 14 days of receiving the order. Seek legal advice for guidance.

Yes, possession orders can expire. Typically, if a possession order is not enforced within six years from the date it was granted, it may expire, and the landlord may need to reapply to the court. It’s important to act promptly to enforce the order and regain possession of the property.

If a tenant ignores a possession order and does not leave the property by the specified date, the landlord can apply for a warrant of possession. This allows court-appointed bailiffs to evict the tenant from the property. The tenant may also be responsible for additional legal costs incurred during the enforcement process.

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