A possession order is a legal document issued by the court that gives a landlord the right to evict a tenant from their property In cases where a tenant has failed to pay rent, breached the terms of the tenancy agreement, or caused damage to the property, a possession order can be sought by the landlord to regain possession of the property However, the process of obtaining a possession order can be time-consuming, and many landlords are left wondering, “How long does it take to get a possession order?”
The duration of obtaining a possession order can vary depending on a number of factors, including the type of possession order being sought, the court’s availability, and the complexity of the case There are two main types of possession orders that landlords can seek: a standard possession order and an accelerated possession order.
A standard possession order is typically used in cases where the tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing damage to the property In these cases, the landlord must give the tenant a notice to leave the property, known as a Section 8 notice The tenant is usually given a minimum of 14 days to vacate the property after receiving the Section 8 notice If the tenant fails to leave the property by the specified date, the landlord can apply to the court for a standard possession order.
Once the landlord has submitted the necessary paperwork to the court, a hearing date will be set The duration of obtaining a standard possession order can vary, but on average, it can take anywhere from 4 to 8 weeks for the court to issue the order However, this timeline can be extended if the case is particularly complex or if there are any delays in the court’s schedule.
On the other hand, an accelerated possession order is typically used in cases where the tenant has not breached the terms of the tenancy agreement, such as when the fixed-term of the tenancy has expired or the landlord wants to sell the property In these cases, the landlord must give the tenant a notice to leave the property, known as a Section 21 notice possession order how long does it take. The tenant is usually given a minimum of 2 months to vacate the property after receiving the Section 21 notice If the tenant fails to leave the property by the specified date, the landlord can apply to the court for an accelerated possession order.
Obtaining an accelerated possession order is generally quicker than obtaining a standard possession order Once the landlord has submitted the necessary paperwork to the court, the court will review the case and issue the possession order without the need for a hearing On average, it can take anywhere from 6 to 10 weeks for the court to issue an accelerated possession order However, as with a standard possession order, this timeline can be extended if the case is particularly complex or if there are any delays in the court’s schedule.
In summary, the duration of obtaining a possession order can vary depending on the type of possession order being sought, the court’s availability, and the complexity of the case While a standard possession order can take anywhere from 4 to 8 weeks to obtain, an accelerated possession order is generally quicker and can be obtained in as little as 6 to 10 weeks It is important for landlords to understand the process of obtaining a possession order and to seek legal advice if they are unsure of their rights and obligations.
Overall, the process of obtaining a possession order can be time-consuming, but it is an important tool for landlords to regain possession of their property in cases where the tenant has breached the terms of the tenancy agreement By understanding the duration of obtaining a possession order and seeking legal advice when needed, landlords can navigate the process effectively and regain possession of their property efficiently.