How long does it take to get a possession order?
On the assumption that the landlord has served a valid Section 8 or Section 21 Notice, the time it takes to obtain a possession order will largely depend on whether the landlord wishes to make a claim for rent arrears or some other damages at the same time as seeking possession of the property.
If the landlord is happy just to recover possession of their property, then they should be able to use the accelerated possession procedure
Under the accelerated possession procedure, once the claim is issued the court will send the tenant a copy of the application who then has 14 days in which to respond with their reasons as to why a possession order should not be made.
The claim will then be considered by a judge who will make a possession order, usually without the need for a hearing, if they are happy that a possession order can be made. In other cases, the court will set a hearing to consider the matter further. As such, it could only take approximately one month to obtain your possession order depending on how quickly the courts can process your claim.
If the landlord wishes to claim another remedy (such as rent arrears), they cannot use the accelerated possession procedure, but need to issue a standard possession claim. When the possession claim is issued, the court will fix a hearing date. In the case of claims against non-trespassers, the hearing date will be at least 28 days after the date the claim was issued and should not be more than 8 weeks after the issue date.
Even if the matter is not defended, it will normally take at least 2 to 3 months to get a possession order using this route. If the claim is defended, then the court may fix another hearing date so it can hear the substantial arguments from both parties. It may take a number of months to get a hearing date, so you could be looking at a period of 6 months before successfully obtaining the possession order.
In the case of claims against trespassers, there is no requirement to serve a Section 8 or Section 21 Notice (as there is no valid tenancy agreement with the trespassers) and once you have issued your possession claim, the hearing date will be much closer to the issue date, although the court will normally provide a date within 7-14 days, as the claimant is required to give the residential trespassers at least 5 days’ notice of the hearing and has to serve them with the claim form, particulars of claim and any witness evidence it will rely on, at least 5 days’ before the hearing.
As such, it would roughly take 2 weeks to obtain the possession order in the case of trespassers.
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Please contact one of our friendly expert possession claims solicitors now for your friendly consultation. At Francis Wilks & Jones, our team of dedicated possession claim lawyers are ready to take your call. Whatever your questions, we can help you. Don’t delay – contact the possession claim experts today.
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