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.
What is a possession order?
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.
Accelerated possession order: A faster option if the landlord is only seeking possession and not pursuing rent arrears.
Stages of a possession order & timescales
The possession order process involves several stages, each with its own timeframes:
1. Serving notice to the tenant
Before applying for a possession order, landlords must serve the tenant with the correct notice. This is the first and most critical step in the eviction process.
Section 21 notice
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).
Section 8 notice
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.
2. Filing a court application
If the tenant does not leave after the notice period, the landlord can apply for a possession order. This involves submitting the necessary forms to the County Court, along with evidence of the served notice and any supporting documentation (e.g. proof of rent arrears).
Standard possession order: This is the most common type of application when the landlord is seeking
both possession of the property and repayment of rent arrears. A court hearing is usually required, and the process takes around 6-8 weeks from the time of application.
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.
3. Court hearing (if applicable)
For a standard possession order, the court will schedule a hearing, usually within 6-8 weeks of the application being submitted. Both the landlord and tenant are required to attend. At the hearing:
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.
For an accelerated possession order, there is no hearing unless the tenant submits a defence. If the tenant disputes the claim, the process may take longer as a hearing will then be required.
For more information, you can head to our gull guide to what happens during a possession hearing.
4. Possession order granted
Once the possession order is granted, the tenant is legally required to vacate the property within the timeframe specified by the court.
Standard timeframe: 14 days.
Extended timeframe: Up to 42 days if the tenant successfully argues that eviction would cause exceptional hardship.
If the tenant does not leave by the deadline, the landlord must apply for enforcement to regain possession.
5. Enforcement of the possession order
If the tenant fails to vacate the property after the possession order is granted, landlords can request enforcement through either:
County Court bailiffs
The landlord applies to the court for a Warrant of Possession.
Bailiffs are assigned to carry out the eviction, which can take an additional 6-8 weeks, depending on local court workloads.
High Court Enforcement Officers (HCEOs):
The landlord applies to transfer the case to the High Court for enforcement via a Writ of Possession.
This process is often faster than using County Court bailiffs, with evictions typically carried out within 2-4 weeks of the writ being issued.
However, transferring to the High Court requires additional steps, such as obtaining permission from the County Court.
Typical timescales for each stage
Here’s an overview of the approximate timescales for each stage of the possession process:
Stage | Timescale |
|---|---|
Serving notice | 2 weeks-2 months, depending on notice type and grounds |
Court application | 1-2 weeks to process |
Court hearing | 6-8 weeks after application (standard possession orders only) |
Possession order granted | Tenant has 14-42 days to vacate |
Enforcement (bailiffs) | 6-8 weeks |
Enforcement (High Court officers) | 2-4 weeks |
*All timescales are an estimate, each case will be unique and can never be fully predicted.
How long can a possession order take on average?
On average, the possession process from start to finish takes around 4-6 months. However, this can vary depending on the complexity of the case, the court's backlog, and whether enforcement is required.
For example:
Accelerated possession orders may take 2-3 months if no enforcement is needed.
Standard possession orders with enforcement by County Court bailiffs can take 6-8 months or longer.
What can slow down the eviction process?
Several factors can cause delays in obtaining or enforcing a possession order:
Incorrect notice serving: If the landlord fails to serve the correct notice or does not comply with legal requirements, the court may dismiss the case, forcing the landlord to start over.
Tenant disputes: Tenants may challenge the possession order, especially if they believe the notice was invalid or the landlord has not met legal obligations (e.g. providing a gas safety certificate or protecting the deposit).
Court backlogs: In busier areas or during high-demand periods, it may take longer to secure a court date.
Exceptional hardship claims: If tenants apply for an extension on the grounds of exceptional hardship, the court may grant up to 42 days for them to leave.
Enforcement delays: County Court bailiffs often have long waiting times, particularly in regions with a high volume of cases.
What can speed up the eviction process?
Landlords can take steps to ensure the process runs as efficiently as possible:
Serve the correct notice: Double-check that you’ve used the correct notice type and included all required information. This reduces the risk of delays caused by legal errors.
Use an accelerated possession order: If you’re not pursuing rent arrears, an accelerated possession order skips the need for a court hearing, speeding up the process.
Apply for High Court enforcement: Transferring enforcement to High Court Enforcement Officers (HCEOs) and getting a Writ of Possession can significantly reduce waiting times compared to County Court bailiffs.
Ensure your paperwork is complete: Submit all necessary documentation with your application, including proof of notice serving and compliance with landlord obligations.
Seek legal advice: Working with a dedicated landlord solicitor or legal expert can help you navigate the process more smoothly and avoid costly mistakes.
How long do you have to enforce a possession order?
A possession order does not last indefinitely. In England and Wales, landlords typically have 6 years from the date the order was granted to enforce it. If enforcement is not pursued within this timeframe, the landlord may need to reapply to the court. It’s worth noting that even if the possession order is enforced years later, tenants must still be given proper notice of the eviction date.
Final thoughts
While obtaining a possession order can be a lengthy process, understanding the steps involved and potential timescales can help landlords plan ahead. By ensuring notices are correctly served, paperwork is accurate, and legal requirements are met, landlords can avoid unnecessary delays.
If you're unsure about any part of the process, seeking professional advice can save time and reduce stress. Whether you're managing a straightforward accelerated possession order or a more complex case requiring enforcement, being proactive and informed is key to reclaiming your property.
References
Evicting tenants from Gov.UK
Eviction for rent arrears from Citizens Advice
