Find a Solicitor for your Possession Order

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.

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.

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.

References

• Possession action process from Gov.UK
• Part 55 Civil Procedure Rules
• Legal aid for possession proceedings from Gov.UK
• Section 21 and 8 notices from Gov.UK
• Housing Act 1988
• Renters' Rights Bill

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