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:
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).
Enforcement fees: If bailiffs are required to enforce the possession order, additional fees may apply.
Additional legal fees: For complex cases or disputes, additional solicitor fees may be necessary.
