When landlords are faced with troublesome tenants who consistently fail to pay rent or violate the terms of their lease agreements, they may find themselves in need of a possession order. A possession order is a legal document that enables a landlord to take back possession of their property from a tenant who has failed to comply with the terms of their tenancy agreement. However, the process of obtaining a possession order can be lengthy and complex, with specific timescales that must be adhered to.
The timescales for obtaining a possession order can vary depending on the specific circumstances of the case. In general, there are two main types of possession orders that landlords can pursue: a standard possession order and an accelerated possession order. The timescales for each type of possession order are as follows:
Standard possession order timescales:
1. Serving the Section 21 Notice: The first step in obtaining a standard possession order is to serve the tenant with a Section 21 Notice. This notice informs the tenant that the landlord intends to regain possession of the property and gives them a minimum of two months’ notice to vacate the premises.
2. Applying to the Court: If the tenant fails to vacate the property by the end of the notice period, the landlord can apply to the court for a possession order. This typically involves completing a claim form and paying a fee to the court.
3. Court Hearing: Once the claim form has been submitted, the court will schedule a hearing to consider the landlord’s application for a possession order. The tenant will have the opportunity to present their case at the hearing, and the judge will make a decision based on the evidence presented.
4. Possession Order Granted: If the judge rules in favor of the landlord, a possession order will be granted. The tenant will be given a specific date by which they must vacate the property, typically within 14 to 28 days.
Accelerated possession order timescales:
1. Serving the Section 21 Notice: Like with a standard possession order, the first step in obtaining an accelerated possession order is to serve the tenant with a Section 21 Notice. The notice must give the tenant a minimum of two months’ notice to vacate the property.
2. Applying to the Court: Once the notice period has expired, the landlord can apply for an accelerated possession order using a specific court form. The court will review the application and, if all the necessary paperwork is in order, may grant the possession order without the need for a court hearing.
3. Possession Order Granted: If the court is satisfied with the landlord’s application, they will issue an accelerated possession order. The tenant will be given a deadline by which they must vacate the property, typically within 14 to 28 days.
It’s important to note that these timescales are just estimates and may vary depending on the workload of the court and the complexity of the case. In some cases, it may take longer to obtain a possession order if the tenant disputes the landlord’s claim or raises legal defenses.
Landlords should also be aware that they must follow the correct legal procedures when seeking a possession order, as failure to do so can result in the case being thrown out of court. It’s crucial to seek legal advice and guidance from a solicitor who specializes in landlord and tenant law to ensure that the process runs smoothly and efficiently.
In conclusion, possession order timescales can vary depending on the type of order being sought and the specific circumstances of the case. Landlords must follow the correct procedures and seek legal advice to ensure a successful outcome in regaining possession of their property from troublesome tenants. Understanding the timescales involved in obtaining a possession order is essential for landlords to effectively manage their properties and protect their investments.