Possession Order

Serving A Possession Order

What’s it for? Providing a landlord with the right to evict a tenant and take back ownership of their property.

You can evict someone if the court grants you a possession order. An outright possession order means the person served must leave by the date on the order. This is usually 14 days after the order is made. In some exceptional circumstances this can be delayed if the person being evicted is very ill, or has young children and has appealed to the court for extra time.

Should the tenant not leave by the stated date on the possession order, bailiffs can be instructed by the court to complete the eviction process via a ‘warrant for possession’.

Diem Legal is an experienced process server and can serve possession orders personally throughout the UK via a network of local process servers. Serving a possession order requires a deal of sensitivity, tact and know-how to ensure the best possible result for all parties.

The issuing of a possession follows the service of a Section 21 notice if your tenant has an assured shorthand tenancy. This is notifying the tenant that you want the property back at the end of the fixed term of the tenancy. If the tenant ignores this notice and they owe you rent, you can apply for the court for a standard possession order.

What is accelerated possession?

This is a special process whereby a county court order for possession can be granted if your tenant has an assured shorthold tenancy.

You can only use this service if you’ve told your tenants to move out in writing with at least 2 months’ notice (section 21 of the Housing Act). If you took a money deposit for a tenancy starting after April 2007 you must have put it in a deposit protection scheme. You can still evict tenants if you didn’t take a deposit.

Suspended or postponed possession order

There are some cases where the landlord is able to meet an agreement with the tenant. A set of terms will be agreed via the court, allowing the tenant to remain in the property if certain conditions are met. This could mean a minimum repayment each month of any previously unpaid rent, or cease causing disturbance to neighbours. If this suspended or postponed possession order agreement is broken by the tenant, the court can instruct bailiffs to repossess the property in a short space of time. This often comes as a shock to tenants when the bailiffs turn up as advanced warning is not always forthcoming.

Money Judgement

In addition to being granted a possession order the landlord can apply for a money judgement to be added to the possession order. This means that regardless of whether the landlord repossess their property they can still pursue the tenant for moneys owed. This is likely to make it difficult for the tenant to find a new home. The court has the power to deduct money from the tenants’ wages or bank accounts, or to instruct bailiffs to take things away to offset against payment.

Need more information on serving a possession order? Contact us.

Please note: The above is not meant to constitute legal advice. The law changes regularly and as such we recommend speaking to a legal professional for clarification.

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