When it comes to renting out a property, landlords often find themselves faced with difficult tenants who refuse to pay rent or cause damage to the property. In such cases, obtaining a possession order may be necessary to regain control of the property. However, the process of obtaining a possession order can be lengthy and complicated, with specific timescales that must be adhered to.
A possession order is a legal order issued by a court that allows a landlord to evict a tenant from a property. There are two main types of possession orders: section 8 and section 21. A section 8 possession order is typically used when a tenant has breached the terms of their tenancy agreement, such as failing to pay rent or causing damage to the property. A section 21 possession order is used when a landlord wants to regain possession of the property at the end of a fixed-term tenancy agreement.
The timescales for obtaining a possession order can vary depending on the circumstances of the case and the type of possession order being sought. In general, the process typically takes between 4-6 months from the date that the initial possession proceedings are started. However, it is important to note that this timeline can be subject to delays due to factors such as court backlogs, the complexity of the case, or the tenant’s ability to defend against the possession order.
The first step in obtaining a possession order is to issue a notice to the tenant. This notice informs the tenant of the landlord’s intention to seek possession of the property and provides them with a specified period of time to vacate the premises voluntarily. For a section 8 possession order, the notice period is typically 14 or 28 days, depending on the grounds for eviction. For a section 21 possession order, the notice period is generally 2 months.
If the tenant does not vacate the property voluntarily within the specified notice period, the landlord can then apply to the court for a possession order. The court will review the case and may schedule a hearing to consider the evidence presented by both the landlord and the tenant. If the court is satisfied that the landlord has valid grounds for seeking possession of the property, they will issue a possession order.
Once a possession order has been granted, the tenant is typically given a period of time to vacate the property voluntarily. This period is usually around 14 days for a section 8 possession order and 14-42 days for a section 21 possession order, depending on the circumstances of the case.
If the tenant does not vacate the property voluntarily by the deadline specified in the possession order, the landlord may apply for a warrant of possession. This warrant gives the landlord permission to have the tenant evicted from the property by court-appointed bailiffs. The tenant will be given a final opportunity to vacate the property before the bailiffs are called in to enforce the eviction.
It is important for landlords to be aware of the timescales involved in obtaining a possession order, as failing to adhere to these timelines can result in delays and additional costs. Landlords should also be prepared for the possibility of tenants contesting the possession order, which can further prolong the process.
In conclusion, possession order timescales can vary depending on the circumstances of the case and the type of possession order being sought. Landlords should be aware of the steps involved in obtaining a possession order and the potential delays that may arise during the process. By understanding the timescales involved and seeking legal advice when necessary, landlords can navigate the possession order process more effectively and regain control of their properties in a timely manner.