Possession Order: What Happens Next and Your Legal Options Explained

I Have a Possession Order – What Next?

Receiving a possession order can be a stressful and uncertain experience, whether you are a landlord or tenant. A possession order typically follows a court decision granting the landlord the legal right to take back their property from the tenant. But what happens after you’ve received the order? This guide outlines the next steps, key deadlines, and what you need to know.

What is a Possession Order?

A possession order is a court order issued when a landlord has successfully proven to the court that they are entitled to regain possession of their property. This usually follows a tenancy dispute, such as unpaid rent, breach of tenancy agreement terms, or expiration of a fixed-term tenancy without a renewal. The order sets out a date by which the tenant must leave the property.

There are two main types of possession orders:

1. Standard Possession Order: Typically used when the tenant owes rent or has breached tenancy terms.
2. Accelerated Possession Order: Used when a landlord is seeking to regain possession after the end of an assured shorthold tenancy (AST), where no rent arrears are involved.

What Happens After the Court Issues a Possession Order?

After the court grants a possession order, you’ll receive a formal notice outlining the details, including the date by which the tenant must leave. Here's what you should expect:

1. Compliance with the Order:

   • For Tenants: The order will specify the date by which you must vacate the property. It is crucial to adhere to this deadline. If you fail to leave by this date, the landlord can take further legal action to evict you.
   • For Landlords: If the tenant leaves by the court-ordered date, you can regain possession peacefully. Make sure to check the property’s condition before re-letting.

2. What if the Tenant Does Not Leave? If the tenant does not vacate the property by the date specified in the possession order, the landlord can apply for a warrant of possession. This involves instructing court bailiffs to enforce the order, allowing them to physically evict the tenant.

3. Warrant of Possession:

   • Application Process: To enforce the possession order, you need to apply to the court for a warrant of possession. This allows bailiffs to take control of the eviction process.
   • Bailiff Eviction: Bailiffs will arrange a date to carry out the eviction, typically giving tenants notice of the eviction date. Once the eviction takes place, landlords can regain full control of their property.

4. Tenants’ Rights and Options: Tenants still have legal rights, even after a possession order has been issued. You may be able to:

   • Apply to Suspend the Warrant: In some cases, tenants can apply to the court to delay or stop the eviction if they can demonstrate the ability to pay arrears or resolve the breach.
   • Appeal the Decision: If there were errors in the court process or valid reasons not considered during the hearing, tenants may have grounds to appeal the possession order.

5. Landlord Considerations:

   • Property Condition: Once you regain possession, inspect the property for any damages or issues left behind. If the tenant has caused damage, you may need to deduct costs from their deposit or consider further legal action.
   • Re-letting the Property: Once vacant possession is obtained, you can begin the process of re-letting. Fraser Bond can assist with preparing the property for new tenants, finding qualified applicants, and managing the tenancy to avoid similar issues in the future.

Can You Stop a Possession Order?

For tenants, stopping a possession order after it’s been issued is challenging but not impossible. Courts may agree to delay the order under specific conditions:

• Payment of Arrears: If the issue is unpaid rent, showing that you can pay off arrears may convince the court to suspend the eviction.
• Appealing for Exceptional Circumstances: Tenants may present evidence of exceptional personal circumstances, such as medical emergencies or financial hardship, that the court might take into account.

How Fraser Bond Can Help You

Whether you are a landlord dealing with a tenant who won’t vacate, or a tenant unsure of your rights after receiving a possession order, Fraser Bond can provide expert guidance. Our services include:

• Legal Consultation: We work with trusted legal partners to help landlords and tenants understand their options and navigate the process smoothly.
• Property Management: For landlords looking to regain control of their properties and avoid future disputes, we offer comprehensive property management solutions, from tenant vetting to ongoing rental management.
• Tenant Support: For tenants facing eviction, we can help you understand your rights and explore potential legal options.

At Fraser Bond, we understand how complex and stressful property disputes can be. Our team is here to offer practical, professional advice and ensure that you are supported every step of the way.

Conclusion

After receiving a possession order, it is crucial to understand the next steps, whether you are a tenant or a landlord. Tenants should comply with court orders to avoid further legal action, while landlords may need to apply for a warrant of possession if tenants do not vacate the property on time. Fraser Bond’s expert team can assist in managing the process, ensuring a smooth resolution and helping you move forward confidently.