Possession Order Issuing Service

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    Once a section 21 or a section 8 notice has been issued in order to alert a tenant of a landlord’s intention to take possession of a property, if no resolution has been reached – or if no repayment plan can be reached in cases of rental arrears – then a landlord can look to a court to grant a possession order.

    What is a possession order?

    Following the issuing of a section 8 or 21 notice, if the terms are not met, a possession order is a court instruction about the property. To gain a possession order, an application must be made to the court at which point the applicant will be given a date for a hearing. If a tenant does not attend to dispute the claim, a possession order can be granted on first hearing, if there is a dispute an adjournment will be made and the case can then be heard in full on a second date. Once obtained, the possession order will set a court mandated and court determined date for the tenant to leave the property (usually 14 days unless such a time would place the tenant in significant hardship).

    Do I need to issue a possession order?

    While neither tenant or landlord will ever really want a dispute to get to such a stage, if there is no resolution following the issuance of either a section 8 or 21 notice, then the unfortunate next legal step for a landlord to take possession of their property is to seek a possession order.

    What are the main benefits of legal proceedings at this stage?

    In cases where there can be no other resolution, a possession order is a necessary step in case the tenant is determined to remain in the property. If the tenant will not leave voluntarily, then it may be necessary to have court bailiffs carry out an eviction, but in order for this to happen a possession order must have been issued and breached.

    What we can do

    Wirral Homes will always ensure our landlords are acting legally and fairly; this is in the best interests of both landlord and tenant. Our in-house legal team will draft all necessary legal documents required to pursue a possession order so that a landlord’s legal obligations are met. For more information on this or any of our other legal services, Contact Us today!

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