Possession Proceedings

1. How do I start a possession claim at court?

If a tenant has refused to leave the property after you have served a valid Section 8 or Section 21 Notice, then you may need to issue court proceedings in order for them to leave.

Indeed, due to the shortage of social housing, tenants will often not leave the property and will not be re-housed by the local council until such time as a Notice of Eviction is served on them.

Prior to this however, it is important to follow the correct procedure and use the correct forms in order to obtain a possession order from the court.
Read more

2. Possession Order

A possession order is a decision from a court ordering a tenant or borrower to give up possession of their property to a landlord or lender (in the case of a mortgaged property).

If you receive a possession order, you should not ignore it as the possession order will specify a date on which the court has ordered you to leave the property.

If you ignore the possession order, a landlord or lender may then appoint a bailiff to evict you from the property under the terms of the possession order.
Read more
Back to the top of page

3. How long does it take to get a possession order?

We are often asked by clients “how long it takes to get a possession order?”

The answer is that it depends on the types of tenancy agreement you have with your tenants, the type of people who are occupying your property and whether you wish to claim for anything else (such as rent arrears) at the same time as seeking possession.

Before you can commence a claim for a possession order, you will need to have served a valid Section 8 or Section 21 Notice on your tenants. This does not apply in the case of trespassers.
Read more
Back to the top of page

4. Accelerated possession procedure

We are often asked by clients “what is the accelerated possession procedure?"

The accelerated possession procedure is a procedure whereby landlords can apply for possession of their property from a tenant using a quicker process that the normal possession procedure.

However, there are certain requirements that have to be fulfilled before you can use the accelerated possession procedure, so the accelerated possession procedure is not suitable for every landlord who wishes to bring a possession claim.
Read more
Back to the top of page

5. Accelerated possession order

We are often asked “what is an accelerated possession order?"

This is a type of possession order granted by a court, where a landlord is simply seeking possession of the property and no other remedy (Such as rent arrears) and where if certain criteria and conditions have been followed, the court is able to grant the accelerated possession order without the need for a court hearing.
Read more
Back to the top of page

6. Suspended possession order

We are often asked “what is a suspended possession order?”

A suspended possession order is a possession order from the court which is subject to certain conditions or a particular arrangement.

As long as the tenant or borrower maintains the arrangement or complies with the court’s conditions, the lender or landlord will not be able to enforce the suspended possession order and ask the court to grant them possession of the property.
Read more
Back to the top of page

7. How long does a suspended possession order last?

A suspended possession order is a possession order granted by the court which is subject to certain conditions or an arrangement.

As long as the tenant or borrower maintains the arrangement or complies with the conditions set out in the suspended possession order, the landlord or lender will not be able to apply for the possession order to be made outright.
Read more
Back to the top of page

8. Interim possession order

It may be possible to evict trespassers or squatters quicker than using the accelerated possession procedure, by applying for an interim possession order or IPO.

If the court makes an interim possession order, anyone who is occupying your premises without your consent must leave within 24 hours of a copy of the order being delivered to them. If they fail to do so, they will be guilty of a criminal offence and you can ask the police to arrest them. If arrested, they can be imprisoned, fined or both.

An interim possession order is not a final order giving you possession of your property. You will still need to make an application for a possession order.
Read more
Back to the top of page

9. What is a possession order?

A possession order is an order from the court ordering that one party give possession of a property to another party by a certain date.

A possession order may be made outright, meaning that possession of the property is ordered straightaway, or the possession order can be “suspended” meaning that the as long as the party against whom the order is made complies with the conditions attached to the possession order, then they will be able to stay in their property.

Possession orders are required from the court if your tenants or borrowers (in the case of a mortgaged property) are refusing to leave the property voluntarily.
Read more
Back to the top of page