If you are a landlord who is facing difficult tenants who are not paying rent or causing damage to your property, you may need to take legal action to regain possession of your property One of the ways to do this is by applying for a possession order.
A possession order is a legal order that gives you the right to evict tenants from your property It is typically used when tenants are in breach of their tenancy agreement, such as not paying rent or causing a nuisance to neighbors Applying for a possession order is a serious step that should only be taken as a last resort, after all other attempts to resolve the issue have failed.
Here is everything you need to know about applying for a possession order:
Reasons for applying
There are a number of reasons why a landlord may need to apply for a possession order One common reason is non-payment of rent If your tenant has fallen behind on rent payments and has not responded to your attempts to collect the rent, you may need to apply for a possession order to evict them from the property.
Another reason for applying for a possession order is if the tenant is causing damage to the property or engaging in anti-social behavior that is affecting other tenants or neighbors In these cases, a possession order may be necessary to protect the safety and well-being of other residents.
Types of possession orders
There are two main types of possession orders that landlords can apply for:
1 Section 21 possession order: This type of possession order is typically used when the tenant has not breached the terms of the tenancy agreement, but the landlord wants to regain possession of the property apply for possession order. In order to apply for a Section 21 possession order, the landlord must give the tenant at least two months’ notice to leave the property.
2 Section 8 possession order: This type of possession order is used when the tenant has breached the terms of the tenancy agreement, such as by not paying rent or causing damage to the property In order to apply for a Section 8 possession order, the landlord must prove to the court that the tenant has breached the agreement and that eviction is necessary.
The eviction process
Once you have applied for a possession order, the court will review your case and make a decision on whether to grant the order If the court grants the possession order, the tenant will be given a set amount of time to vacate the property If the tenant does not leave voluntarily, you may need to apply for a warrant of possession to have the tenant physically removed from the property.
It is important to note that evicting a tenant can be a lengthy and complex process, and it is important to follow all legal procedures to ensure that the eviction is carried out legally If you are unsure about the eviction process, it is recommended to seek advice from a legal professional who specializes in landlord-tenant law.
Overall, applying for a possession order is a serious step that should only be taken after all other options have been exhausted By following the correct procedures and seeking legal advice when needed, you can ensure that the eviction process goes smoothly and that you are able to regain possession of your property in a timely manner.