Introduction
A possession order is a legal document issued by a court that allows a landlord to take back possession of their property from a tenant who is not complying with the terms of the lease or rental agreement. Understanding how to obtain a possession order and the processes involved is crucial for landlords seeking to regain control of their property. This article outlines the key steps and considerations for obtaining both a standard and an accelerated possession order.
Understanding Possession Orders
What is a Possession Order?
A possession order is a court order that legally entitles a landlord to take possession of a rental property. It is typically sought when a tenant has failed to pay rent, breached the terms of the lease, or refused to vacate the property after the lease has ended. Possession orders are enforceable through court bailiffs, who can evict tenants if they do not leave voluntarily.
Types of Possession Orders
- Standard Possession Order: This is the most common type of possession order, used for a variety of reasons including rent arrears and lease breaches.
- Accelerated Possession Order: This order is designed to speed up the process of regaining possession, usually in cases where the tenant has not breached the terms of the lease and the landlord does not seek any financial compensation.
Key Steps in Obtaining a Possession Order
1. Review the Lease Agreement
Before initiating legal proceedings, review the lease agreement to ensure that the grounds for seeking possession are valid. Common grounds include failure to pay rent, breach of lease terms, or illegal activities on the premises.
2. Serve a Notice
The first step in the process is to serve the tenant with a formal notice. The type of notice depends on the reason for seeking possession:
- Section 8 Notice: Used when seeking possession due to a breach of the lease or rent arrears. The notice must specify the grounds for seeking possession and provide a notice period of 2 weeks to 2 months, depending on the grounds.
- Section 21 Notice: Used for no-fault evictions, where the landlord seeks possession without specifying a reason. The notice must provide a minimum of 2 months’ notice before the landlord can apply for a possession order.
3. Apply to the Court
If the tenant does not vacate the property after the notice period, the landlord can apply to the court for a possession order. The application process involves:
- Filling Out the Application: Complete the relevant forms, including a possession claim form and, if applicable, a statement of truth. The forms can be obtained from the court or downloaded online.
- Paying the Court Fee: There is a fee for applying for a possession order, which varies depending on the type of order and the court. Fees are subject to change, so check the latest rates on the court’s website or consult a legal professional.
4. Court Hearing
Once the application is submitted, a court hearing will be scheduled. During the hearing, both the landlord and tenant will have the opportunity to present their case. The judge will review the evidence and decide whether to grant the possession order.
- Preparation: Gather all relevant documents, including the lease agreement, notices served, and any correspondence with the tenant. Prepare a clear and concise presentation of the case.
- Representation: Landlords may represent themselves or seek legal representation. While it is possible to handle the case without a lawyer, professional legal advice can be beneficial in complex cases.
5. Obtain the Possession Order
If the court grants the possession order, it will specify a date by which the tenant must vacate the property. The order will also outline the next steps if the tenant fails to comply.
- Standard Possession Order: This order typically allows for a period of 14 to 28 days for the tenant to leave the property. If the tenant does not vacate by the specified date, the landlord can request a warrant for eviction.
- Accelerated Possession Order: This order does not usually involve a court hearing and is faster to process. However, it does not allow for the recovery of rent arrears or damages.
6. Enforcing the Possession Order
If the tenant does not leave the property by the date specified in the possession order, the landlord can enforce the order through court bailiffs.
- Requesting a Warrant for Possession: Apply to the court for a warrant of possession, which authorizes bailiffs to evict the tenant. The court will issue a warrant, and the bailiffs will schedule a date for the eviction.
- Eviction: On the scheduled date, the bailiffs will visit the property to enforce the eviction. It is important for landlords to attend the eviction to ensure that the process goes smoothly and to avoid any potential disputes.
Considerations When Seeking a Possession Order
Legal Requirements
Ensure that all legal requirements are met when seeking a possession order. Failure to follow the correct procedures can result in delays or the rejection of the application.
Tenant Rights
Be aware of the tenant’s rights throughout the process. Tenants have the right to contest the possession order and may seek legal advice or representation. Ensure that all notices and communications are clear and comply with legal standards.
Costs and Fees
Consider the costs associated with obtaining and enforcing a possession order. This includes court fees, legal fees, and potential costs for bailiffs. Weigh these costs against the potential benefits of regaining possession of the property.
Alternative Dispute Resolution
Consider alternative dispute resolution methods, such as mediation or negotiation, before resorting to legal action. Resolving disputes amicably can save time and costs and preserve the landlord-tenant relationship.
Conclusion
Obtaining a possession order involves several key steps, from reviewing the lease agreement to enforcing the order through bailiffs. Landlords must follow the correct procedures and consider all legal and financial implications. Whether pursuing a standard or accelerated possession order, understanding the process and seeking professional advice when needed can help ensure a successful outcome.