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Possession Order

If a landlord wants to evict a tenant, the first step is to serve a notice of possession in the form of a Section 8 notice or a Section 21 notice.

Should a tenant not leave the property specified in these notices, the next step is to apply to the court for a possession order.

What is a possession order? 

A possession order is made by a court when a landlord goes through the legal process of evicting a tenant. 

There are three different types of possession orders: 

• Outright possession orders 

• Suspended possession orders 

• Postponed possession orders

• Possession orders with a money judgement

• Accelerated possession orders

Outright possession orders 

Outright possession orders are usually granted when tenants

• Are in serious rent arrears and the landlord serves a section 8 notice under ‘ground 8’; 

• Aren’t able to present a convincing argument they’ll be able to pay back rent arrears and keep up with rent payments; 

• Are in a flexible tenancy and the fixed term has ended. 

Tenants must leave the property before the date on the order, which will either be 14 or 28 days after the hearing.

Suspended possession orders 

Suspended possession orders let tenants continue to live in a property under the conditions that they keep paying their rent and pay back outstanding rent arrears. 

If tenants do not stick to this agreement, they can be evicted. 

For possession orders made less than 6 years ago, a landlord does not have to ask the court’s permission to apply for a warrant of eviction. 

Postponed possession orders 

A postponed possession order is very similar to a suspended possession order. Tenants can continue living in a private residential property as long as they keep up with rent and pay off their arrears. 

However, if a tenant does not keep up with the rent, landlords can take steps to evict them. The difference between a suspended possession order and a postponed possession order is that, should a landlord want to evict tenants who have been given the latter, they need to: 

• Give 14 days notice to tenant and inform them of their rights; 

• Apply to the court for a possession date; 

• Apply to the court for a warrant of eviction

Possession orders with a money judgement 

Judges can, and do, sometimes add a ‘money judgement’ to a possession order. This means a tenant has to pay not just their rent arrears but also court fees and legal costs. 

This money judgement is relevant if tenants don’t pay what is in the suspended possession order. If they don’t do this, landlords can ask the court to enforce the money judgement and tenants will have to pay the additional amounts.

Accelerated possession orders

Accelerated possession orders are usually faster compared to a standard possession order, and they usually don't involve a court hearing. 

Landlords can apply for an accelerated possession order if tenants haven’t vacated a property as per the Section 21 notice and the landlord isn’t pursuing for rent arrears. 

How to apply for a possession order

Landlords can apply for a possession order using the Possession Claim Online process if they:

• Are over 18; 

• Own a property in England; 

• Are owed money in rent or mortgage payments for a residential property.

Landlords can’t use this service if: 

• There’s been trespass on their property 

• Tenants have broken the terms of the lease 

In these cases, landlords should fill in the correct possession claim forms (Form N5) and send them to the local court for housing possession. 

How much does a possession order cost?

As of November 2023, the initial cost of getting a possession order is £355, whether you apply online or by filling out and sending a form. 

However, this doesn't include other costs such a solicitors fees or further applications to the court.

The cost for a licensed solicitor to help with a possession order is expected to range from £780-£850, but in some cases it could cost as much as £920.

When can a landlord apply for a possession order? 

Landlords can apply for a possession order within a year of giving tenants Section 8 Notice.

If a landlord serves a section 21 notice, they have to make a claim for possession in the court within six months.

That being said, there are specific situations and factors which may change when a landlord can apply for a possession order, therefore it’s a good idea to seek help from a landlord lawyer if you are looking to evict a tenant to ensure you follow the legal process. 

What happens when you get a possession order?

Standard possession procedure 

For standard possession orders, there’s usually a court hearing. The tenant will be informed of when and where this hearing is to be held, but it is usually the county court that covers the area where the property is. 

Accelerated possession procedure 

For accelerated possession orders, there isn’t usually a court hearing unless the judge thinks they need more information in order to rule on it. 

Tenants can file a defence to contest the landlord’s claim for possession if:

• They haven’t followed the right procedures to legally evict them; 

• The reasons given for a Section 8 eviction aren’t valid. 

Tenants may also be able to file a counterclaim if:

• The landlord didn’t follow the rules to protect their deposit;

• Repairs were reported but the landlord didn’t do them

Tenants who want to file a defence of possession order should get legal help from a tenant solicitor or legal advice from a housing specialist to better understand where they stand in terms of unlawful eviction.

At a possession hearing a judge will either grant possession to the landlord, dismiss the case, or adjourn the case.

How long does a possession order take?

How long it takes to get a possession order depends on: 

• How much notice a landlord needs to give to the tenant; 

• When a landlord applies for a possession order after the notice period ends; 

• How busy the court is; 

• Whether a hearing is appropriate. 

The target time for a possession case to be listed for a hearing is 8 weeks.

Does a possession order affect your credit rating?

A possession order does not automatically affect a tenant’s credit rating unless a money order is also applied. 

This is because a possession order does not count as a CCJ (County Court Judgment), but a money order does.

Can a judge overturn a possession order?

In some cases, a possession order can be cancelled, or set aside by the court. 

Generally a possession order is only set aside or cancelled if a tenant is not able to attend a court hearing but they are able to give a good reason why, and the court thinks they would have had a good chance of success if they had attended the court hearing. 

If a possession is ‘set aside’ this means that the case may be heard in further hearing. 

Tenants can appeal against a decision if they feel the possession order was made in error. 

When might a judge not grant a possession order? 

In a possession order hearing, a judge might decide they don’t have enough information. If this is the case, they are likely to adjourn the case. 

Alternatively a judge may decide not to grant a possession order at all if they decide a landlord did not follow the correct legal procedure for evicting a tenant, the grounds for eviction are not proved, or tenants have paid off any outstanding rent arrears. 

If this is the case, an eviction cannot be enforced. 

Who pays for a possession order? 

In most cases, landlords are responsible for the court and legal fees associated in applying for a possession order. 

In some cases, a judge may rule that a tenant is liable to pay fixed costs, like court fees, judgement costs, or costs on commencements. 

Do I have to attend court for a possession order?

Whether or not you need to attend a court hearing for a possession order depends on the type of possession order and the circumstances around it. 

For example, in the case of an accelerated possession order, there isn’t usually a court hearing at all. 

In other possession order cases, a landlord and tenant might reach a settlement where the tenant agrees to pay outstanding rent arrears. This can be achieved through informal talks, negotiations with solicitors, or mediation. 

If an agreement can’t be reached, it might be necessary to attend court for a possession order. This is where the judge makes a legally binding decision on whether or not a landlord should be given back possession of the property. 

Get legal help with possession orders from a solicitor 

Whether you’re a landlord or a tenant, eviction is rarely a pleasant process. Legally, there are lots of hoops to jump through, and when your home is at stake it can feel like a lot to deal with. 

That’s why it’s important to seek legal advice from a landlord and tenant solicitor or lawyer as soon as possible. Generally, the sooner a problem is dealt with, the easier (and cheaper) it is to resolve. 

For personalised, affordable, fast help with possession orders, get a free case assessment and no-obligation quote from the UK’s most trusted solicitors today. Just tell us about your case to get started and we will: 

• Assess the strength of your case; 

• Give you a fixed-fee quote for legal help; 

• Walk you through the next steps.