If you are a landlord in the UK, it’s important to know the difference between possession orders and evictions. While these terms are often used interchangeably, they refer to two distinct legal processes with different implications for both parties involved.

In this guide, we will explain what possession orders and evictions are, their differences, and ways to avoid having to serve them.

What is a Possession Order?

A possession order is a court order that allows a landlord to regain possession of their property from a tenant. A landlord may seek a possession order for a variety of reasons, such as rent arrears, breach of tenancy agreement, or nuisance.

There are two types of possession orders: standard and accelerated. A standard possession order (either a section 8 or section 21 notice) requires a court hearing, while an accelerated possession order is granted without a hearing in certain circumstances.

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What is an Eviction?

An eviction is the physical removal of a tenant from a property by a landlord. It can only take place once a possession order has been granted and the tenant has failed to comply with the court order.

The process of eviction requires the landlord to obtain a ‘warrant of eviction’ from the court and hire bailiffs to remove the tenant from the property. The entire process can take several weeks or even months, depending on the circumstances.

What are the Key Differences Between Possession Orders and Evictions?

The main difference between possession orders and evictions is the legal process involved. Possession orders are obtained through the court system, while evictions require physical enforcement by bailiffs.

The timeline for possession orders and evictions also differs. Possession orders can take several weeks or months to obtain, while evictions may take additional time after a possession order is granted.

It’s essential for landlords and tenants to understand the differences between possession orders and evictions, as it can have significant legal and financial consequences for both parties. 

How Can You Avoid a Possession Order or Eviction?

As a landlord, you can avoid the need for a possession order or eviction by addressing any issues as soon as they arise and by making sure you do the following: 

• Communicate with your tenant: If your tenant is struggling to pay their rent, try to have an open and honest conversation with them to understand their situation. You may be able to negotiate a payment plan or come to an agreement that benefits both parties.
• Carry out thorough background checks: By screening your tenants carefully you can ensure from the outset that they have a good history of paying rent on time and have the income to cover their rent
• Try mediation: If you’re having a dispute with your tenant, you could try mediation. This involves an impartial third party helping you and your tenant come to an agreement without the need for court action.

Conclusion

Possession orders and evictions are two distinct legal processes that landlords should understand. While possession orders are obtained through the court system, evictions require physical enforcement by bailiffs. To avoid facing a possession order or eviction, tenants should pay their rent on time, communicate with their landlord, and seek legal advice if necessary.

Landlords can avoid the need for a possession order or eviction by screening their tenants carefully and addressing issues promptly. If you are unsure about the processes for issuing a possession order or eviction, it’s important to seek legal advice as soon as possible.

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