How long does a possession order take?

Summary

If you’re a landlord looking to take back possession of your property, it’s important to understand how long the process might take. Whether it’s due to rent arrears or other tenancy breaches, the timeframes for eviction can vary depending on the situation. In this guide, we’ll break down what a possession order is, the key steps involved, how long it typically takes, and what might delay or speed things up along the way. A possession order is a legal document granted by a court that allows a landlord to regain possession of a rental property. Landlords typically apply for one if a tenant has failed to comply with the terms of their tenancy agreement, such as not paying rent or causing damage to the property. Possession orders are not granted automatically, landlords need to follow the correct legal procedures to ensure the court process is fair to both parties. This usually begins with serving the tenant a valid notice, such as a Section 8 or Section 21 notice, before applying to the court for an order. There are two main types of possession orders: * Standard possession order: Used when a landlord is seeking to regain their property but also wants the tenant to pay rent arrears.

Key information

• Standard possession order: Used when a landlord is seeking to regain their property but also wants the tenant to pay rent arrears.
• Accelerated possession order: A faster option if the landlord is only seeking possession and not pursuing rent arrears.
• Used for 'no-fault' evictions, allowing landlords to regain possession without giving a specific reason.
• The notice must provide tenants with at least two months' notice to vacate the property.
• Additional rules apply, such as protecting the tenant’s deposit in a government-approved scheme and providing required documentation like an Energy Performance Certificate (EPC).
• Issued when tenants breach the terms of their tenancy agreement, such as falling into rent arrears.
• The notice period depends on the grounds for eviction. For example: Rent arrears (Ground 8) is 14 days while anti-social behaviour (Ground 7A) can be immediate or very short notice.
• Standard possession order: This is the most common type of application when the landlord is seeking
• Accelerated possession order: This is suitable if the landlord is only seeking possession and not pursuing rent arrears. This process does not require a court hearing and is typically quicker, taking 4–6 weeks on average.
• The judge will review the case and make a decision.
• If the judge rules in the landlord’s favour, a possession order will be granted.
• The tenant is typically given 14 days to leave the property. However, in cases of exceptional hardship, the judge may extend this period to 42 days.

Practical guidance

• Source: How long does a possession order take?

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• How long does it take to evict a tenant? Guide for landlords