One of the most challenging issues a landlord may face is dealing with problem tenants. Tenants who breach their tenancy agreements can cause a lot of stress, financial loss, and disruption to your business. In such situations, possession orders can be an effective solution. In this guide, we’ll explain what possession orders are, the different types, and how to obtain them.

Understanding the Types of Possession Orders

The two main types of possession orders are Section 21 and Section 8. Section 21 is known as a “no-fault” possession order and can be used to regain possession of a property without proving any fault on the tenant’s part. In contrast, Section 8 is a “fault-based” possession order and can only be granted if the tenant has breached the terms of their tenancy agreement. The grounds for possession in Section 8 include rent arrears, anti-social behaviour, and damage to the property.

When deciding which type of possession order to use, it’s essential to consider the circumstances. If a tenant has not breached their tenancy agreement, Section 21 may be the best option. However, if the tenant is in breach, a Section 8 possession order may be more appropriate.

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How to Apply for a Possession Order

Applying for a possession order is a legal process that requires landlords to follow specific procedures. The first step is to serve a notice to the tenant. The notice period will depend on the type of possession order you are seeking and the terms of the tenancy agreement. It’s crucial to serve the notice correctly and on time, as any mistakes can result in delays or the court dismissing your claim.

Once the notice has expired, you will need to complete the relevant court forms, providing evidence to support your case. It’s essential to ensure that the forms are completed correctly, and all the required evidence is provided. Common mistakes include incorrect completion of the forms or insufficient evidence, both of which can delay or derail your application.

Going to Court

If the tenant contests the possession order, the case will go to court. It’s important to note that going to court can be a lengthy and costly process. Therefore, it’s essential to prepare adequately, ensuring you have all the evidence you need to prove your case. You should also be prepared to present your case clearly and concisely to the judge.

Enforcing a Possession Order

Once the court has granted the possession order, the tenant must vacate the property by the date specified. If the tenant fails to do so, the landlord can use bailiffs to remove the tenant forcibly. However, it’s worth noting that the use of bailiffs can be a slow process and may cause damage to the property. Alternatively, landlords can use the County Court to enforce the possession order.

Conclusion 

In conclusion, understanding possession orders is essential for landlords. Failure to follow the correct legal procedures can lead to significant legal and financial consequences. If you’re unsure about any aspect of the process, we recommend seeking professional legal advice. Additional resources and further reading on possession orders can be found in our comprehensive guide. Remember, following the correct legal procedures can help landlords resolve disputes with tenants quickly and efficiently.

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