When it comes to renting out a property, landlords can face various challenges, including tenants who are not paying rent, causing damage to the property, or engaging in other problematic behaviors In cases where a tenant is not fulfilling their obligations under the tenancy agreement, a landlord may need to take legal action to regain possession of their property One way to do this is by applying for a possession order.
A possession order is a legal document issued by a court that gives a landlord the right to take back possession of their property It is important to note that a possession order does not automatically evict the tenant; rather, it provides the landlord with the legal authority to do so if the tenant does not leave voluntarily.
There are two main types of possession orders that a landlord can apply for: a standard possession order and an accelerated possession order The type of order you can apply for will depend on the circumstances of your case.
A standard possession order is used when a landlord is seeking possession of a property at the end of a tenancy agreement, either because the fixed term has come to an end or because the tenant has breached the terms of the agreement To apply for a standard possession order, the landlord must first serve the tenant with a Section 21 notice, giving them at least two months’ notice to vacate the property If the tenant does not leave by the specified date, the landlord can then apply to the court for a possession order.
An accelerated possession order, on the other hand, is used when a landlord is seeking possession of a property under a Section 21 notice without a court hearing This type of possession order is typically faster and more straightforward than a standard possession order, but it can only be used in certain circumstances, such as when there are no disputes over the terms of the tenancy agreement.
To apply for a possession order, a landlord must first fill out the necessary forms and submit them to the court along with the appropriate fee apply for possession order. The court will then review the application and, if it is successful, issue a possession order It is important to note that the court will only grant a possession order if it is satisfied that the landlord has followed the correct legal procedures and that there are grounds for evicting the tenant.
If a possession order is granted, the tenant will be given a specified period of time to vacate the property, usually around 14 days If the tenant does not leave by the deadline, the landlord can then apply for a warrant of possession, which gives them the legal right to have the tenant evicted by court-appointed bailiffs.
It is important for landlords to follow the correct procedures when applying for a possession order to avoid any delays or complications in the eviction process This includes ensuring that all the necessary paperwork is filled out correctly and that the tenant is given the required notice period before applying to the court.
In some cases, tenants may contest a possession order by attending a court hearing and presenting their side of the story If this happens, the court will consider both the landlord’s and the tenant’s arguments before making a decision.
Overall, applying for a possession order can be a complex and time-consuming process, but it is often necessary to regain possession of a property from a problematic tenant By following the correct legal procedures and seeking the advice of a legal professional if needed, landlords can increase their chances of successfully obtaining a possession order and evicting a non-compliant tenant.