A court has quite a wide discretion when it comes to making a possession order.
The possession order will specify a date on which the tenant or borrower has to leave the property. This is normally 14 to 28 days following the court’s decision, however, in some cases, the court may award possession “forthwith”, meaning that under the terms of the possession order, the tenant or borrower is obliged to immediately give possession of the property back to the landlord or lender. Where the court orders possession by a certain date, this is known as an “outright” possession order.
It is also fairly common for possession orders to be “suspended”.
This means that the court will not grant a possession order for such time as the tenant or borrower continues to maintain certain conditions or an arrangement, normally in relation to rent or mortgage payments. The court may also request that the borrower or tenant makes a lump sum payment (to reduce the rent or mortgage arrears) by a certain date. If the tenant or borrower maintains the payments, then the landlord or lender will not be able to enforce the possession order and the borrower or tenant will be able to remain in their property.
However, if the tenant or borrower misses one of the arranged payments, then the landlord or lender can return to court to ask the court to enforce the possession order. The court’s permission is required to enforce the suspended possession order and if it grants permission, the landlord or lender can then appoint the court bailiff in the normal way.
It may be possible to make an application to set aside the possession order or apply to court for further time to pay off any arrears of rent or mortgage, but you need to act quickly if you are going to do this. At Francis Wilks & Jones, we can assist you with any application you may wish to make to the court.
Contact expert possession claim solicitors now
Please contact one of our expert possession claims lawyers now for your informal and friendly consultation. At Francis Wilks & Jones, we have all the possession claims experience needed to handle any type of possession claims problem. We offer quick and effective possession claims advice, whatever your situation. Don’t delay. Call now for a friendly consultation.
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