When it comes to renting out a property, landlords may encounter situations where they need to regain possession of their property from a tenant. This could be due to reasons such as non-payment of rent, breach of tenancy agreement, or other legal issues. In such cases, landlords may need to seek a possession order from the court to legally evict the tenant. However, the process of obtaining a possession order can be complex and time-consuming, with various factors influencing the timescales involved.
The timescales for obtaining a possession order can vary depending on the type of possession order sought and the circumstances of the case. Let’s take a closer look at the different types of possession orders and the typical timescales involved in each:
1. Accelerated Possession Order:
An accelerated possession order is a fast-track procedure for regaining possession of a property without a court hearing. This type of possession order is commonly used for Assured Shorthold Tenancies (ASTs) where the fixed term has ended and the landlord has served a Section 21 notice. The timescale for obtaining an accelerated possession order is usually around 8-10 weeks from the date of submitting the application to the court.
2. Standard Possession Order:
A standard possession order is required when a tenant is in breach of their tenancy agreement or has failed to vacate the property after receiving a Section 8 notice. The timescale for obtaining a standard possession order can be longer than an accelerated possession order, typically taking around 10-16 weeks from the date of application to the court.
3. High Court Possession Order:
In some cases, landlords may seek a High Court possession order, which can offer a faster route to evicting tenants compared to applying to the county court. The timescale for obtaining a High Court possession order can vary, but it is generally quicker than obtaining a standard possession order through the county court, taking around 6-8 weeks from the date of application.
It’s important to note that these timescales are estimates and can vary depending on factors such as the complexity of the case, court backlogs, and the cooperation of the tenant. Additionally, delays in the possession order process can occur if the paperwork is incomplete or incorrect, or if the tenant raises valid defenses that need to be considered by the court.
Landlords should also be aware that once a possession order is granted, they may still need to take further steps to enforce the order and regain possession of the property. This could involve applying for a warrant of possession, which authorizes court bailiffs to evict the tenant if they refuse to leave voluntarily. The timescales for enforcing a possession order can vary, but it generally takes around 4-6 weeks from the date of applying for the warrant of possession to the eviction taking place.
In conclusion, understanding the timescales involved in obtaining a possession order is crucial for landlords who find themselves in a situation where they need to regain possession of their property. By knowing the different types of possession orders available and the typical timescales for each, landlords can better navigate the legal process and take appropriate action to protect their property rights. It’s important for landlords to seek legal advice and assistance if they are facing difficulties with evicting tenants to ensure a smooth and timely resolution to the situation.
Overall, possession order timescales can vary depending on the circumstances of each case, but having a clear understanding of the process and seeking professional guidance can help landlords navigate the legal system efficiently and effectively.