Court Possession Order

Court Possession OrderYou may need to take your tenant to Court to regain possession of your property, or you may have received notice from your landlord to leave the property.

Here at Seatons our team has a variety of experience and knowledge to ensure the best result for you with the minimum inconvenience.

Contact us to have a no obligation chat at our Corby office on 01536 276300 or Kettering 01536 311690 or use our online enquiry form.

If your landlord has served the correct notice on the tenants to seek possession, what happens when the date on the notice arrives? If the tenants have not moved out, can the landlord just turn up at the property and move new tenants in?

If a tenant is still residing the in the property, then the landlord will have to apply for a Possession Order from the Court. The initial notice is the pre-action for seeking possession.

Most tenants do move out within the notice period, but if you are a landlord, you will inevitably come across the situation where a tenant flatly refuses to move out.

Accelerated Possession

A landlord can sometimes evict tenants using ‘accelerated possession’. This is normally quicker than the standard possession procedure, and doesn’t usually need a Court hearing.

Landlords can only take advantage of accelerated possession if;

1. The tenants let the property on an assured shorthold tenancy (most common)

2. There is a written tenancy agreement

3. The correct notice has been provided to the tenant

4. The landlord has not asked the tenant to leave during a fixed term tenancy and

5. The deposit has been registered in a Government scheme.

The accelerated procedure does not usually have a hearing so once the Possession Order is stamped by the Court, the tenants will have to move out.

Removing The Tenants

So the situation is that you have a tenant in your property against your permission, you may want the property back, replace the existing tenants perhaps with a  family friend, or even the situation whereby the tenant is in rent arrears.

The next step to take is to apply to the Court. If the landlord applies to the Court for accelerated possession, the Court will send a copy of the application to the tenant. If the tenant wishes to argue the application, they must do so within 14 days of receiving it.

At this point, the Judge will decide whether to issue a possession order giving the landlord the right to evict the tenant or whether a Court hearing should take place. With accelerated possession (see above) the Judge will usually grant a possession order without a Court hearing.

Possession Orders And Bailiffs

If the Judge decides to provide the landlord with a possession order, it will usually give the tenant between 14 and 28 days to leave the property. If this time limit will cause exceptional hardship to the tenant, then the Judge can extend this to 42 days.

If the Judge grants the landlord a possession order, with say 28 days to the leave the property, and the tenants do not leave, the landlord must use bailiffs to evict the tenants.

The landlord can ask the Court for a warrant for possession. If the Court agrees to this, the tenants will be sent an eviction notice giving a date when they must leave the property. The tenant can ask the Judge to suspend the warrant for possession but this is not guaranteed.

What Not To Do

It is a crime for a landlord to harass or force a tenant out of a property without using the proper procedure set out in law. Harassment could include acts such as stopping electricity, withholding keys or refusing to carry out repairs.

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Carol O' Leary

Possession Order Specialists

My name is Carol O’ Leary. I am a lawyer who specialises in landlord and tenant legal services. We aim to provide our clients with an outstanding legal service.

We will help and support you and most importantly we work hard for you.

Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.

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