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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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We are National Eviction Solicitors, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.
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
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.
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.
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.
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.
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.
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.
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.
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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.
We are National Eviction Solicitors, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.
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.
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.
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.
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.
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.
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.
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.
While not legally required, using a solicitor helps ensure the claim is legally sound and increases the chances of a smooth, successful outcome.
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).
You can apply for a warrant of possession, and instruct County Court bailiffs or High Court Enforcement Officers to legally carry out the eviction.