Introduction to Possession Orders
Receiving a possession order can be a daunting experience, whether you are a landlord or a tenant. A possession order is a legal directive issued by a court that requires a tenant to vacate a property, typically due to non-payment of rent, breach of tenancy agreement, or the end of a fixed-term tenancy without renewal. For landlords, obtaining a possession order is often the final step in a long and challenging process of regaining control of their property. For tenants, it marks the beginning of a potentially stressful period of finding new accommodation.
This article will guide you through what happens next after receiving a possession order, outlining the steps both landlords and tenants should take, the legal implications, and potential outcomes.
Understanding the Types of Possession Orders
Standard Possession Order
A standard possession order is the most common type of possession order issued by the court. This order is typically used when a landlord seeks to regain possession of their property at the end of a tenancy or due to rent arrears or other breaches of the tenancy agreement. With a standard possession order, the court usually sets a date by which the tenant must leave the property, often within 14 or 28 days.
However, in some cases, the tenant may be granted extra time if they can prove that leaving the property within the specified timeframe would cause exceptional hardship.
Accelerated Possession Order
An accelerated possession order is a faster process used by landlords who are not claiming rent arrears and simply want to regain possession of their property, typically after the end of a fixed-term tenancy. This type of order does not require a court hearing unless the tenant files a defense. Accelerated possession orders are often used when the landlord has served a Section 21 notice (no-fault eviction) and wants to regain possession of the property without delay.
Outright Possession Order
An outright possession order is a court order that requires the tenant to leave the property by a specific date, usually within 14 days. If the tenant fails to leave by this date, the landlord can apply for a warrant of possession to have the tenant evicted by bailiffs. Outright possession orders are typically issued in cases where there is no valid defense to the landlord’s claim, such as significant rent arrears or serious breaches of the tenancy agreement.
Suspended Possession Order
A suspended possession order allows the tenant to stay in the property as long as they comply with certain conditions set by the court, such as paying off rent arrears in installments or adhering to the terms of the tenancy agreement. If the tenant fails to meet these conditions, the landlord can apply to the court to enforce the possession order and proceed with eviction.
What Happens After Receiving a Possession Order?
For Landlords: Enforcing the Possession Order
Once a landlord has obtained a possession order, the next steps depend on whether the tenant vacates the property voluntarily by the date specified in the order. If the tenant does leave as required, the landlord can regain possession of the property and take steps to re-let or sell it.
Applying for a Warrant of Possession
If the tenant does not leave the property by the date specified in the possession order, the landlord must apply for a warrant of possession. This warrant authorizes court bailiffs to evict the tenant from the property. The process involves completing an application form and paying a fee to the court. The court will then schedule a date for the eviction, and the bailiffs will serve notice on the tenant.
Eviction by Bailiffs
On the scheduled eviction date, court bailiffs will attend the property to remove the tenant and return possession to the landlord. The landlord or their representative may also attend the eviction, but they must allow the bailiffs to carry out the process. It is important for landlords to follow the legal process carefully, as any attempt to evict a tenant without a warrant can result in legal action against the landlord.
For Tenants: Responding to a Possession Order
Receiving a possession order can be stressful for tenants, but it is important to understand that there are still options available, depending on the type of order and the circumstances.
Leaving the Property
If you receive a possession order, the simplest option may be to comply with the order and leave the property by the date specified. This allows you to avoid the stress and potential additional costs of an eviction by bailiffs. If you need more time to find alternative accommodation, you may be able to negotiate a short extension with the landlord or apply to the court for extra time.
Applying to Suspend the Order
If you receive a suspended possession order, you may be allowed to stay in the property if you comply with the conditions set by the court. For example, if the order was issued due to rent arrears, the court may allow you to stay as long as you make regular payments toward the arrears in addition to your regular rent. It is crucial to adhere to these conditions, as failing to do so could lead to eviction.
Seeking Legal Advice and Support
If you believe the possession order was issued unfairly or you have a valid defense, you may wish to seek legal advice. A solicitor or housing advisor can help you explore your options, such as appealing the decision, applying to set aside the order, or negotiating with the landlord. In some cases, the court may consider factors such as financial hardship or errors in the legal process when deciding whether to grant or enforce a possession order.
Finding Alternative Accommodation
If eviction is inevitable, it is important to start looking for alternative accommodation as soon as possible. You may be eligible for assistance from your local council, particularly if you are at risk of homelessness. Many councils have housing officers who can provide advice and support, including emergency accommodation if needed.
Potential Outcomes and Next Steps
Repossessing the Property
For landlords, once the possession order has been enforced, the property is repossessed and they are free to take the next steps, whether that involves re-letting the property, selling it, or carrying out any necessary repairs or refurbishments. It is advisable for landlords to inspect the property thoroughly after repossession to assess any damage or outstanding maintenance issues.
Dealing with Tenant Belongings
If the tenant leaves belongings behind after eviction, the landlord has a legal obligation to store these items for a reasonable period and make efforts to contact the tenant to arrange collection. The landlord may charge the tenant for the cost of storing the items. If the tenant does not collect their belongings within the specified time, the landlord may dispose of them, but they must do so in accordance with the law.
Financial Considerations
For both landlords and tenants, there may be financial considerations following a possession order. Landlords may need to pursue the tenant for unpaid rent or damages through the small claims court if the deposit does not cover these costs. Tenants should be aware that unpaid rent and other debts related to the tenancy could affect their credit rating and future rental applications.
Conclusion: Navigating Life After a Possession Order
Whether you are a landlord or a tenant, receiving a possession order marks a critical juncture in your relationship. For landlords, it represents the culmination of efforts to regain control of a property, while for tenants, it can signify the beginning of a difficult transition. Understanding the legal process, knowing your rights, and taking proactive steps can help both parties navigate this challenging situation more effectively.
Landlords should ensure they follow the correct legal procedures to avoid complications, while tenants should seek support and advice to explore their options and mitigate the impact of losing their home. By understanding what happens next after a possession order, both landlords and tenants can move forward with greater clarity and confidence.
