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What is a Possession Order?

A possession order claim is a legal application made by a landlord to the court to regain possession of their rental property, usually after a tenant has failed to leave following the expiry of a Section 8 or Section 21 notice. It is the formal step taken when a tenant refuses to vacate voluntarily, despite being served proper notice under the Housing Act 1988.

Once the claim is filed, the court will review the case and, if the landlord has followed all legal procedures correctly, will issue a possession order requiring the tenant to leave the property by a specified date. If the tenant still does not vacate, the landlord can then apply for enforcement through County Court bailiffs or High Court Enforcement Officers. A possession order claim is an essential legal route to reclaim a property while ensuring full compliance with tenant rights and UK housing laws.

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Based on 103 reviews

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Great service I received

They helped me get a successful outcome and handled my case from start to finish. They achieved the eviction and I received the rent I was owed back. Thank you for the help

Richard

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Very professional company

I used SLS Solicitors when I had a tenant who would not leave my property. They were not the cheapest but I paid for the result, I wouldn’t compromise on the service I received. Thank you for your help.

Sally P

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Successful eviction

They helped me a lot with trying to evict my tenant. They kept me up to date and were informative. Quick replies to any of my questions. Would recommend to anyone

Matthew

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Would use again

SLS Solicitors were very professional when dealing with the eviction of my tenant. There was a delay, but I was informed every step of the way. I would like to thank all of the team and I would highly recommend them.

Olivia

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Very happy with SLS Solicitors

I would recommend SLS Solicitors to anyone, they represented me in court and were very helpful and understanding, the firm did an amazing job. Thank you!

Karen

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A brilliant result

No other firm would guarantee the eviction, but SLS Solicitors did. They managed to get the rent I was owed paid out to me as well as my legal fees. My tenant was evicted, I would use this service again.

Mike

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Saved me a lot of money

I discovered your company after trying a cheaper alternative. With legal services, you truly get what you pay for — while not the cheapest, you ultimately saved me a small fortune

Samuel R

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Guaranteed my eviction

After my initial enquiry I opted for the guaranteed eviction package, no other firm would guarantee my complex situation but SLS Solicitors did and were successful.

Sarah

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Responsive solicitors

Outstanding service! I’m very pleased with the outcome of my eviction case. You hear a lot about solicitors in the uk but I had a stress free eviction of a tenant in arrears.

Eddie

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Eviction & rent recovered

My Solicitor comforted me in the fact that not only can they evict my tenant, but at the same time they secured a money order for the rent I was owed at no extra cost.

Paul

Star Rating

Prompt Section 8 Notice

The notice did the job in the end, if the tenant didn’t leave i would’ve used the guaranteed eviction package but I got lucky. I would recommend based on the prompt service I had.

Andy

Start the Eviction process today

We are National Eviction Solicitors, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.

Our eviction process

We explain the eviction process below, including the legal steps we’ll take—such as serving a Section 8 or Section 21 notice and applying to court if necessary—to help you regain possession of your property in line with housing law

Serve the required notice

We will issue the appropriate notice—either a Section 8 or Section 21—requiring the tenant to vacate the property on or before the notice’s expiration date.

Possession order claim

If the tenant fails to vacate the property after the notice period has expired, we will take swift action by initiating possession proceedings through the court to regain lawful control of the property.

Defended Claim

Should the tenant file a defence in response to your claim, the matter will be treated as a defended case. In such circumstances, a fixed fee of will apply for the preparation and submission of our legal response, irrespective of the service package initially selected.

Instruct the bailiffs

Upon the granting of a possession order, the tenant is usually required to vacate the property within 14 days*. Should they fail to comply within this timeframe, we will proceed to instruct County Court bailiffs or High Court Enforcement Officers to carry out the eviction and enforce the order.

Change the locks

Once the tenant has vacated the property, it is strongly recommended that a locksmith be instructed to change the locks on the same day to ensure the premises are immediately secured and protected from unauthorised re-entry.

Reclaim your property

At this stage your Tenant(s) have vacated and we have now lawfully evicted your Tenants, you are now free to remarket your property or do as you wish.

Mandatory grounds where the court must grant possession.

Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home.

Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.

Ground 3: The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.

Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.

Ground 5: The property is that of a minister of religion.

Ground 6: The property requires redevelopment.

Ground 7: The tenant has died.

Ground 8: The tenant is in rental arrears.

For more information about our services, or to find out exactly where you stand and the range of options available call us today on freephone
0333 880 3494

Discretionary grounds where the court may grant possession.

Ground 9: Suitable alternative accommodation is available for the tenant upon possession.

Ground 10: The tenant is in arrears of rent.

Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.

Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.

Ground 13: Due to the tenant’s conduct, the property has deteriorated.

Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted in engaging in illegal or using the property for immoral purposes.

Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.

Ground 16: The tenant occupies the property due to his former employment by the landlord.

Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

Start the Eviction process today

We are National Eviction Solicitors, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.

Frequently asked questions

What is a possession order?

A possession order is a court order that legally requires a tenant to vacate a rental property by a specified date, following a landlord’s successful claim for possession.

When can a landlord apply for a possession order?

A landlord can apply for a possession order if the tenant fails to leave the property after being served a valid Section 8 or Section 21 notice.

What’s the difference between a Section 8 and Section 21 possession order?

A Section 8 order is based on a breach of tenancy (e.g. rent arrears), while a Section 21 order is a “no-fault” eviction where the landlord doesn’t need to give a reason.

Do I need to go to court to get a possession order?

Yes. A possession order is granted by the court. For Section 21 cases, the accelerated possession procedure may be used, which often doesn’t require a hearing.

What happens after a possession order is granted?

The tenant is given a date (usually 14 days) to vacate the property. If they don’t leave, the landlord can apply for a warrant of possession to enforce eviction.

How long does it take to get a possession order?

The process typically takes 6 to 10 weeks, but it may vary depending on the court’s workload, whether the claim is contested, and if a hearing is required.

Can a tenant challenge a possession order?

Yes. A tenant can file a defence to the claim. If the case is defended, it may delay the process and lead to a full court hearing.

Do I need a solicitor to apply for a possession order?

While not legally required, using a solicitor helps ensure the claim is legally sound and increases the chances of a smooth, successful outcome.

What is an outright possession order vs. a suspended one?

An outright order requires the tenant to leave by a specific date. A suspended order allows the tenant to stay if they meet certain conditions (e.g. payment plan).

What can I do if the tenant still won’t leave after a possession order?

You can apply for a warrant of possession, and instruct County Court bailiffs or High Court Enforcement Officers to legally carry out the eviction.