When it comes to dealing with troublesome tenants who refuse to vacate a rental property, landlords often turn to the legal system for assistance One of the most common legal remedies that landlords seek in such situations is a possession order A possession order is a court order that gives a landlord the legal right to take back possession of their property from a tenant who is in breach of their tenancy agreement.
If you find yourself in a situation where you need to obtain a possession order, one of the first questions that may come to mind is: How long does it take to get a possession order? The answer to this question can vary depending on a number of factors, including the court’s caseload, the complexity of the case, and the actions of the tenant.
In general, the process for obtaining a possession order can be broken down into several stages, each of which can take a different amount of time to complete Let’s take a closer look at the typical timeline for obtaining a possession order:
1 Serving a Section 8 or Section 21 Notice: Before you can apply for a possession order, you must first serve the tenant with either a Section 8 notice or a Section 21 notice, depending on the circumstances of the tenancy A Section 8 notice is used when the tenant has breached the terms of the tenancy agreement, while a Section 21 notice is used when the fixed term of the tenancy has come to an end The notice period required before you can apply for a possession order can be anywhere from 2 weeks to 2 months, depending on the grounds for possession.
2 Applying to the Court: Once the notice period has expired, you can apply to the court for a possession order The time it takes for the court to process your application can vary depending on the court’s caseload In some cases, you may be able to get a hearing date within a few weeks, while in other cases, it may take several months.
3 possession order how long does it take. Attending the Hearing: At the court hearing, the judge will consider the evidence presented by both parties and make a decision on whether to grant a possession order The length of time it takes for the judge to make a decision can vary, but it is usually made on the same day as the hearing.
4 Issuing the Possession Order: If the judge grants the possession order, you will need to wait for the court to issue the order before you can take action to evict the tenant The court will typically issue the possession order within a few days to a week after the hearing.
5 Enforcing the Possession Order: Once the possession order has been issued, you can take steps to enforce it and evict the tenant from the property The time it takes to evict the tenant can vary depending on the circumstances, but it can range from a few days to several weeks.
Overall, the process of obtaining a possession order can take anywhere from a few weeks to several months However, it is important to note that this timeline is a rough estimate and can vary depending on a number of factors It is always best to seek legal advice if you are unsure about the process or if you encounter any issues along the way.
In conclusion, obtaining a possession order can be a time-consuming and complex process, but it is often necessary when dealing with difficult tenants By understanding the typical timeline for obtaining a possession order and seeking legal advice when needed, you can navigate the process more effectively and ensure a successful outcome for your case.