When dealing with rental properties, landlords may unfortunately find themselves in situations where they need to seek possession of their property from a tenant. This could be due to various reasons such as non-payment of rent, damages to the property, or breach of tenancy agreement. In such cases, landlords will need to obtain a possession order from the court in order to legally evict the tenant.
One of the most common questions that landlords have when going through the possession process is how long it will take to obtain a possession order. The answer to this question can vary depending on a number of factors, but generally speaking, possession order timescales can range from a few weeks to several months.
The first step in obtaining a possession order is to serve a notice to the tenant. There are two types of notices that can be served depending on the circumstances: a Section 8 notice and a Section 21 notice. A Section 8 notice is used when the tenant has breached the tenancy agreement, while a Section 21 notice is used when the landlord simply wants the property back at the end of the tenancy agreement. The notice period for both types of notices is usually around two months.
Once the notice period has expired and the tenant has not vacated the property, the landlord can then apply to the court for a possession order. The court will then set a date for a hearing where both the landlord and the tenant can present their case. The timescale for the court to hear the case and issue a possession order can vary, but generally, it can take anywhere from four to eight weeks.
If the possession order is granted, the tenant will usually be given a deadline by which they must vacate the property. If the tenant does not leave by the deadline, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant. The timescale for obtaining a warrant of possession can vary, but it typically takes around four to six weeks.
Overall, the entire process of obtaining a possession order can take anywhere from three to six months on average. However, there are certain factors that can affect the timescale. For example, if the tenant disputes the possession order or raises a defense during the court hearing, the process could be delayed as the court will need to consider the evidence presented by both parties.
It’s also worth noting that the current Covid-19 pandemic has had an impact on possession order timescales. In response to the crisis, the UK government introduced temporary measures to protect tenants from eviction. This means that landlords may face additional delays in obtaining possession orders during this time.
In conclusion, possession order timescales can vary depending on a number of factors such as the type of notice served, the court’s availability, and any potential disputes raised by the tenant. Landlords should be prepared for the process to take several months and should seek legal advice to ensure that they follow the correct procedures. By understanding the timescales involved in obtaining a possession order, landlords can better plan and manage the eviction process.