When dealing with troublesome tenants who refuse to leave your property, one of the legal remedies available to landlords is to apply for a possession order This court order essentially gives you the right to evict the tenant and take possession of your property However, the process can be complex and time-consuming, so it’s important to understand the steps involved before proceeding In this article, we will walk you through the process of applying for a possession order and provide you with some helpful tips along the way.
The first step in applying for a possession order is to determine the type of tenancy you have with the tenant There are two main types of tenancies: assured shorthold tenancies (ASTs) and non-assured shorthold tenancies (NASTs) The majority of private sector tenancies are ASTs, which are typically granted for a fixed term of six or twelve months NASTs, on the other hand, are less common and often involve social housing or long-term tenancies.
If your tenant is on an AST and has breached the terms of the tenancy agreement – for example, by failing to pay rent or causing damage to the property – you may be able to seek possession through the Section 8 process This involves serving a Section 8 notice to the tenant, outlining the grounds for seeking possession and giving them a specified period of time to vacate the property If the tenant fails to leave by the specified date, you can then apply to the court for a possession order.
On the other hand, if your tenant is on an AST and you simply want your property back at the end of the fixed term, you can use the Section 21 process This involves serving a Section 21 notice to the tenant, giving them at least two months’ notice to vacate the property If the tenant does not leave by the end of the notice period, you can apply to the court for a possession order.
For tenants on NASTs, the process is slightly different apply for possession order. In most cases, you will need to serve a notice to quit to the tenant, giving them a specified period of notice to vacate the property If the tenant refuses to leave, you can then apply to the court for a possession order.
Once you have served the necessary notice to the tenant, the next step is to complete the relevant court forms and submit them to the court along with the appropriate fee The court will then review your application and set a date for a hearing, where both you and the tenant will have the opportunity to present your case.
It’s important to gather all the necessary evidence to support your application for a possession order, such as copies of the tenancy agreement, rent arrears statements, and any correspondence with the tenant This will help to strengthen your case and increase the likelihood of the court granting the possession order.
During the court hearing, the judge will consider the evidence presented by both parties and make a decision on whether to grant the possession order If the order is granted, the tenant will be given a specified period of time to vacate the property – usually between 14 and 42 days, depending on the circumstances.
If the tenant still refuses to leave after the specified period, you may need to apply for a warrant of possession This gives court bailiffs the authority to evict the tenant and regain possession of your property It’s worth noting that using bailiffs to evict a tenant can be a costly and time-consuming process, so it should be seen as a last resort.
In conclusion, applying for a possession order is a legal process that should not be taken lightly It’s important to follow the correct procedures and gather all the necessary evidence to support your case By understanding the process and seeking legal advice if needed, you can increase the chances of successfully obtaining a possession order and regaining control of your property.