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.
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.
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.
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.