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What is a Possession Order?

A possession order claim is a legal application made by a landlord to the court to regain possession of their rental property, usually after a tenant has failed to leave following the expiry of a Section 8 or Section 21 notice. It is the formal step taken when a tenant refuses to vacate voluntarily, despite being served proper notice under the Housing Act 1988.

Once the claim is filed, the court will review the case and, if the landlord has followed all legal procedures correctly, will issue a possession order requiring the tenant to leave the property by a specified date. If the tenant still does not vacate, the landlord can then apply for enforcement through County Court bailiffs or High Court Enforcement Officers. A possession order claim is an essential legal route to reclaim a property while ensuring full compliance with tenant rights and UK housing laws.

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Start the Eviction process today

We are National Eviction Specialists, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.

Call: 0333 880 9115 Request a call back

Our eviction process

We explain the eviction process below, including the legal steps we’ll take—such as serving a Section 8 or Section 21 notice and applying to court if necessary—to help you regain possession of your property in line with housing law.

Serve the required notice

We will serve the appropriate notice, whether a Section 8 or Section 21, and once issued, your tenant will be required to vacate the property.

Possession order claim

Once the required notice period has expired, if the tenant fails to vacate, we will initiate possession claim proceedings in court.

Instruct the bailiffs

Once the possession order is granted, the tenant has 14 days to vacate. If they fail to do so, we will instruct bailiffs or High Court Sheriffs to enforce the eviction.

Change the locks

Once your tenant vacates the property, it is advisable to have a locksmith change the locks on the same day to secure the premises.

Start the Eviction process today

We are National Eviction Specialists, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.

Call: 0333 880 9115 Request a call back

Mandatory grounds where the court must grant possession.

Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home.

Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.

Ground 3: The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.

Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.

Ground 5: The property is that of a minister of religion.

Ground 6: The property requires redevelopment.

Ground 7: The tenant has died.

Ground 8: The tenant is in rental arrears.

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Discretionary grounds where the court may grant possession.

Ground 9: Suitable alternative accommodation is available for the tenant upon possession.

Ground 10: The tenant is in arrears of rent.

Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.

Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.

Ground 13: Due to the tenant’s conduct, the property has deteriorated.

Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted in engaging in illegal or using the property for immoral purposes.

Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.

Ground 16: The tenant occupies the property due to his former employment by the landlord.

Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

Start the Eviction process today

We are National Eviction Specialists, we will assist you with legally evicting Tenant(s) from your property. Contact us now before the situation worsens.

Call: 0333 880 9115 Request a call back

Frequently asked questions

What is a Possession Order?

A possession order is a court order that legally requires a tenant to vacate a rental property by a specified date, following a landlord’s successful claim for possession.

When can a landlord apply for a possession order?

A landlord can apply for a possession order if the tenant fails to leave the property after being served a valid Section 8 or Section 21 notice.

What’s the difference between a Section 8 and Section 21 possession order?

A Section 8 order is based on a breach of tenancy (e.g. rent arrears), while a Section 21 order is a “no-fault” eviction where the landlord doesn’t need to give a reason.

Do I need to go to court to get a possession order?

Yes. A possession order is granted by the court. For Section 21 cases, the accelerated possession procedure may be used, which often doesn’t require a hearing.

What happens after a possession order is granted?

The tenant is given a date (usually 14 days) to vacate the property. If they don’t leave, the landlord can apply for a warrant of possession to enforce eviction.

How long does it take to get a possession order?

The process typically takes 6 to 10 weeks, but it may vary depending on the court’s workload, whether the claim is contested, and if a hearing is required.

Can a tenant challenge a possession order?

Yes. A tenant can file a defence to the claim. If the case is defended, it may delay the process and lead to a full court hearing.