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Possession Order

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Possession Order

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We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
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The service offered by Lawhive is outstanding. The process to find the most suitable solicitor is straightforward and efficient. The pricing is transparent and clear and the solicitors that have been provided to me have been outstanding. I would strongly recommend this company to anyone looking for a solicitor.
Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
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12 July, 24
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Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
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23 July, 24
Very happy indeed
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Paul,
26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
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About

A possession order is issued by a court and allows a landlord to reclaim possession of their property from tenants. It’s typically used when tenants fail to leave the property voluntarily, despite being served a legitimate notice. There are different types of possession orders depending on the situation, including standard possession orders and accelerated possession orders, each serving specific purposes.Next steps

How much does a Possession Order cost?

The cost for a licensed solicitor to help with a Possession Order is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £780-£850 but in some cases it could cost as much as £920.

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How our solicitors can help with possession orders

If you’re a landlord dealing with tenants who have breached their tenancy agreement, you may want to apply for a possession order. Our expert solicitors are here to guide you through the legal process, ensuring your claim is handled quickly and in compliance with UK law.

Advising on notice requirements

The first step to obtaining a possession order is serving the correct notice to the tenant. We’ll advise you on whether to use a Section 21 notice for no-fault evictions or a Section 8 notice for evictions based on a tenancy breach (like rent arrears or property damage).

Preparing the possession claim

Filing a possession claim requires accurate documentation. Our solicitors ensure all paperwork is completed correctly, avoiding delays or rejections. This includes drafting and submitting the claim form to the court.

Applying for accelerated possession orders

For Section 21 cases, we’ll help you apply for an accelerated possession order. This skips the need for a court hearing and is typically faster than standard processes.

Enforcing possession orders

If tenants fail to leave after a possession order is granted, we’ll assist you in obtaining a warrant for possession. This allows bailiffs to enforce the eviction and return control of the property to you.

Types of possession orders in the UK

In the UK, there are different types of possession orders that landlords can apply for, depending on the situation. Here are the main types our team can help you with:

Standard possession order (SPO)

A standard possession order is the most common option used when tenants haven’t vacated the property after receiving a valid notice. This type of order is typically applied for when there are disputes (like rent arrears or damage to the property) that need the court to assess evidence.

  • When it’s used: Rent arrears, breaches of tenancy agreements or refusal to vacate after a valid notice.

  • Outcome: Tenants are given a specific date to leave, failing which further enforcement is needed.

Accelerated possession order (APO)

An accelerated possession order is a faster option designed for cases involving Section 21 notices. This process doesn’t need a court hearing, making it quicker and less costly.

  • When it’s used: For no-fault evictions where tenants have been served a Section 21 notice and the landlord isn’t claiming unpaid rent.

  • Outcome: If granted, tenants are required to leave by a set date, and enforcement can follow if they fail to comply.

Outright possession order (OPO)

An outright possession order gives the landlord the right to regain possession by a specific date, typically within 14 days. This type of order is granted when the court finds in favour of the landlord.

  • When it’s used: In cases where tenants have breached their tenancy agreement or failed to pay rent.

  • Outcome: Tenants must vacate by the specified date, or the landlord can seek enforcement through bailiffs.

Suspended possession order (SPO)

A suspended possession order lets tenants remain in the property as long as they meet conditions set by the court. These might include clearing rent arrears in instalments or adhering to tenancy terms. If tenants don't comply, the landlord can enforce eviction without returning to court.

  • When it’s used: For cases involving rent arrears or minor breaches, where the court believes the tenant can remedy the situation.

  • Outcome: Tenants can stay if they meet the conditions; otherwise, eviction is enforced.

Interim possession order (IPO)

An interim possession order is used in cases of unlawful occupation, such as when squatters occupy a property. It allows landlords to quickly regain control of their property while the court considers the full claim.

  • When it’s used: For unauthorised occupiers, including squatters, who are not tenants under a legal agreement.

  • Outcome: If squatters fail to leave, enforcement action can be taken.

What is High Court enforcement?

High Court enforcement is where an eviction is carried out by High Court Enforcement Officers (HCEOs), also known as High Court bailiffs. It is typically used when landlords want to speed up the eviction process after a possession order has been granted by the court. Landlords can request the transfer of the case to the High Court for enforcement if:

  • The eviction is urgent

  • The tenant has ignored a standard possession order

Why choose Lawhive for your possession order?

At Lawhive, we make the legal process of regaining your property straightforward and stress-free. Here’s why landlords across the UK trust us:

  • Expertise in UK possession claims: Our solicitors have extensive experience with possession orders in the UK, including cases involving rent arrears, unauthorised occupants, and anti-social behaviour.

  • Clear, fixed pricing: We provide fixed-fee pricing so you know the costs upfront - no hidden fees or unexpected charges.

  • Affordable legal support: Our services can be up to 50% more affordable than traditional law firms. We offer cost-effective solutions without compromising quality.

  • Fast and efficient service: Time is crucial when reclaiming your property. We’ll connect you with a solicitor within two working days and work quickly to move your case forward.

Who are our possession order solicitors?

We carefully select our team of UK-based solicitors. We only work with experts that have strong expertise and dedication to helping landlords resolve possession issues efficiently.

  • Fully qualified and regulated: All our solicitors are regulated by the Solicitors Regulation Authority (SRA), ensuring they meet the highest professional standards.

  • Specialists in property law: Our team has years of experience handling possession claims, including accelerated orders, complex disputes and enforcement actions.

  • Proven track record: We work with solicitors who consistently deliver positive results for landlords. Their expertise in possession order cases means you’re in capable hands.

  • Personalised support: We understand the challenges landlords face and provide clear, tailored advice to help you navigate the legal process confidently.

How much does it cost to get a possession order?

The cost of obtaining a possession order varies based on the complexity of your case. At Lawhive, our services start at £559 for standard possession proceedings (not including court fees) plus £99 for an eviction notice assessment. We always offer fixed-fee pricing for claims, ensuring transparency and no unexpected costs.

What other costs are there?

In addition to solicitor fees, there are other potential costs you may have to consider. Your solicitor will explain these costs upfront and help you manage them effectively. They might include:

  1. Court fees: Filing a possession claim in court involves an application fee, which varies depending on the type of claim (e.g., standard or accelerated).

  2. Enforcement fees: If bailiffs are required to enforce the possession order, additional fees may apply.

  3. Additional legal fees: For complex cases or disputes, additional solicitor fees may be necessary.

Using Lawhive

Transparent fixed-fees

Know exactly what you will pay. On average 1/3 of the cost of a high street firm

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Receive a custom quote in as little as 5 minutes. No hassle, no obligation.

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Follow your case from the comfort of your home with our online platform.

Brilliant support

Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

Outdated and offline

Offline and slow procedures will require you to visit firms in-person.

No support

No dedicated support team. You'll have to deal with issues on your own.

What is the possession order process?

Here’s a step-by-step guide to how a court order for possession can be handled:

1. Serve notice to tenants

Before applying for a possession order, you must serve a Section 21 or Section 8 notice, depending on the circumstances. This informs the tenant of your intention to reclaim the property and provides the required notice period.

2. File the possession claim

If the tenant does not leave by the notice expiry date, you can file a possession claim in court. This involves submitting a claim form and supporting evidence, such as proof of the notice served and details of the tenancy breach.

3. Court decision

For standard possession orders, a court hearing may be required, where the judge reviews the evidence and decides whether to grant the order. For accelerated possession orders, the judge decides based on written submissions, skipping the hearing.

4. Enforce the possession order

If the tenant fails to vacate by the date specified in the possession order, you can apply for a warrant for possession. This allows court-appointed bailiffs to carry out the eviction.

What can make the process more complicated?

Several factors can complicate the possession order process. Rest assured, our solicitors have the expertise to address these challenges and keep your case on track. Common complications include:

  • Incorrect notice served: Errors in the notice can invalidate your possession claim, delaying proceedings.

  • Tenant disputes: Tenants may contest the claim, requiring additional evidence and prolonging the case.

  • Breach of procedural rules: Failing to follow strict legal requirements can result in a rejected application.

  • Complex tenancy arrangements: Cases involving multiple tenants, guarantors, or subletting may require more detailed legal work.

Renter's Rights Bill 2024 explained

The Renter’s Rights Bill is a proposed reform of UK housing laws aimed at increasing the protections for tenants. It's expected to come into force in late 2025 and could create huge change for England's 11 million private renters and 2.3 million landlords. Here's a snapshot of what the Bill proposes:

  • Abolishment of Section 21 evictions: Landlords would no longer be able to evict tenants without providing a valid reason.

  • Stronger tenant protections: New rules would make it harder for landlords to evict tenants unfairly or on short notice.

  • Improved dispute resolution: Measures to reduce court delays and streamline tenancy dispute processes.

What does this mean for you?

For landlords, this means stricter requirements for possession claims. It also means increased scrutiny to comply with housing regulations. Our solicitors stay updated on legislative changes and can help you navigate these evolving rules.

What are your next steps?

If you need to apply for a possession order, our landlord solicitors are here to help. Lawhive offers expert advice, affordable services, and fast support to ensure your case is handled smoothly. Get a free quote today and take the first step towards reclaiming your property.

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