Find a Solicitor for your

Possession Order

Hassle-free help from the UK's best landlord & tenant solicitors.
In the last year, we helped 2,282 people across the UK solve their legal issues
Great Interaction
Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
Great Interaction
Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
Rated 4.8 / 5. Showing our 4 & 5 star reviews.

About

A possession order is a court instruction for the eviction of a tenant from a rented property. It is applied for by a landlord in circumstances where a tenant has broken agreements, such as not paying rent. There are two routes a landlord can explore when seeking a possession order, standard and accelerated procedure. Receiving or applying for a possession order has many laws governing proper procedure to protect landlords and tenants, solicitors are essential in ensuring these rules are met.Next steps

How much does a Possession Order cost?

The cost for a licensed solicitor to help with a Possession Order is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £780-£850 but in some cases it could cost as much as £920.

Money-back guarantee

If you're not satisfied, contact us for a full refund, no questions asked.

Transparent fixed-fees

No hidden fees. On average 40% cheaper than high street firms.

Expert legal help

We assign the best fully regulated UK based solicitors to your case.

Get your free case evaluation now

Tell us about your case and we'll assess your legal matter for free.

If a landlord wants to evict a tenant, the first step is to serve a notice of possession in the form of a Section 8 notice or a Section 21 notice.

possession-orders

Should a tenant not leave the property specified in these notices, the next step is to apply to the court for a possession order.

What is a possession order? 

A possession order is made by a court when a landlord goes through the legal process of evicting a tenant. 

There are three different types of possession orders: 

Outright possession orders 

Outright possession orders are usually granted when tenants

  • Are in serious rent arrears and the landlord serves a section 8 notice under ‘ground 8’; 

  • Aren’t able to present a convincing argument they’ll be able to pay back rent arrears and keep up with rent payments; 

  • Are in a flexible tenancy and the fixed term has ended. 

Tenants must leave the property before the date on the order, which will either be 14 or 28 days after the hearing.

Suspended possession orders 

Suspended possession orders let tenants continue to live in a property under the conditions that they keep paying their rent and pay back outstanding rent arrears. 

If tenants do not stick to this agreement, they can be evicted. 

For possession orders made less than 6 years ago, a landlord does not have to ask the court’s permission to apply for a warrant of eviction. 

Postponed possession orders 

A postponed possession order is very similar to a suspended possession order. Tenants can continue living in a private residential property as long as they keep up with rent and pay off their arrears. 

However, if a tenant does not keep up with the rent, landlords can take steps to evict them. The difference between a suspended possession order and a postponed possession order is that, should a landlord want to evict tenants who have been given the latter, they need to: 

  • Give 14 days notice to tenant and inform them of their rights; 

  • Apply to the court for a possession date; 

  • Apply to the court for a warrant of eviction

Possession orders with a money judgement 

Judges can, and do, sometimes add a ‘money judgement’ to a possession order. This means a tenant has to pay not just their rent arrears but also court fees and legal costs. 

This money judgement is relevant if tenants don’t pay what is in the suspended possession order. If they don’t do this, landlords can ask the court to enforce the money judgement and tenants will have to pay the additional amounts.

Accelerated possession orders

Accelerated possession orders are usually faster compared to a standard possession order, and they usually don't involve a court hearing. 

Landlords can apply for an accelerated possession order if tenants haven’t vacated a property as per the Section 21 notice and the landlord isn’t pursuing for rent arrears. 

How to apply for a possession order

Landlords can apply for a possession order using the Possession Claim Online process if they:

  • Are over 18; 

  • Own a property in England; 

  • Are owed money in rent or mortgage payments for a residential property.

Landlords can’t use this service if: 

In these cases, landlords should fill in the correct possession claim forms (Form N5) and send them to the local court for housing possession. 

How much does a possession order cost?

As of November 2023, the initial cost of getting a possession order is £355, whether you apply online or by filling out and sending a form. 

However, this doesn't include other costs such a solicitors fees or further applications to the court.

The cost for a licensed solicitor to help with a possession order is expected to range from £780-£850, but in some cases it could cost as much as £920.

Using Lawhive

Transparent fixed-fees

Know exactly what you will pay. On average 1/3 of the cost of a high street firm

Hassle-free

Receive a custom quote in as little as 5 minutes. No hassle, no obligation.

Conveniently online

Follow your case from the comfort of your home with our online platform.

Brilliant support

Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

Outdated and offline

Offline and slow procedures will require you to visit firms in-person.

No support

No dedicated support team. You'll have to deal with issues on your own.

When can a landlord apply for a possession order? 

when-to-apply-for-possession-order

Landlords can apply for a possession order within a year of giving tenants Section 8 Notice.

If a landlord serves a section 21 notice, they have to make a claim for possession in the court within six months.

That being said, there are specific situations and factors which may change when a landlord can apply for a possession order, therefore it’s a good idea to seek help from a landlord lawyer if you are looking to evict a tenant to ensure you follow the legal process. 

What happens when you get a possession order?

Standard possession procedure 

For standard possession orders, there’s usually a court hearing. The tenant will be informed of when and where this hearing is to be held, but it is usually the county court that covers the area where the property is. 

Accelerated possession procedure 

For accelerated possession orders, there isn’t usually a court hearing unless the judge thinks they need more information in order to rule on it. 

Tenants can file a defence to contest the landlord’s claim for possession if:

  • They haven’t followed the right procedures to legally evict them; 

  • The reasons given for a Section 8 eviction aren’t valid. 

Tenants may also be able to file a counterclaim if:

  • The landlord didn’t follow the rules to protect their deposit;

  • Repairs were reported but the landlord didn’t do them

Tenants who want to file a defence of possession order should get legal help from a tenant solicitor or legal advice from a housing specialist to better understand where they stand in terms of unlawful eviction.

At a possession hearing a judge will either grant possession to the landlord, dismiss the case, or adjourn the case.

How long does a possession order take?

How long it takes to get a possession order depends on: 

  • How much notice a landlord needs to give to the tenant; 

  • When a landlord applies for a possession order after the notice period ends; 

  • How busy the court is; 

  • Whether a hearing is appropriate. 

The target time for a possession case to be listed for a hearing is 8 weeks.

Does a possession order affect your credit rating?

A possession order does not automatically affect a tenant’s credit rating unless a money order is also applied. 

This is because a possession order does not count as a CCJ (County Court Judgment), but a money order does.

Can a judge overturn a possession order?

In some cases, a possession order can be cancelled, or set aside by the court. 

Generally a possession order is only set aside or cancelled if a tenant is not able to attend a court hearing but they are able to give a good reason why, and the court thinks they would have had a good chance of success if they had attended the court hearing. 

If a possession is ‘set aside’ this means that the case may be heard in further hearing. 

Tenants can appeal against a decision if they feel the possession order was made in error. 

When might a judge not grant a possession order? 

In a possession order hearing, a judge might decide they don’t have enough information. If this is the case, they are likely to adjourn the case. 

Alternatively a judge may decide not to grant a possession order at all if they decide a landlord did not follow the correct legal procedure for evicting a tenant, the grounds for eviction are not proved, or tenants have paid off any outstanding rent arrears. 

If this is the case, an eviction cannot be enforced. 

Who pays for a possession order? 

In most cases, landlords are responsible for the court and legal fees associated in applying for a possession order. 

In some cases, a judge may rule that a tenant is liable to pay fixed costs, like court fees, judgement costs, or costs on commencements. 

Do I have to attend court for a possession order?

Whether or not you need to attend a court hearing for a possession order depends on the type of possession order and the circumstances around it. 

For example, in the case of an accelerated possession order, there isn’t usually a court hearing at all. 

In other possession order cases, a landlord and tenant might reach a settlement where the tenant agrees to pay outstanding rent arrears. This can be achieved through informal talks, negotiations with solicitors, or mediation. 

If an agreement can’t be reached, it might be necessary to attend court for a possession order. This is where the judge makes a legally binding decision on whether or not a landlord should be given back possession of the property. 

Whether you’re a landlord or a tenant, eviction is rarely a pleasant process. Legally, there are lots of hoops to jump through, and when your home is at stake it can feel like a lot to deal with. 

That’s why it’s important to seek legal advice from a landlord and tenant solicitor or lawyer as soon as possible. Generally, the sooner a problem is dealt with, the easier (and cheaper) it is to resolve. 

For personalised, affordable, fast help with possession orders, get a free case assessment and no-obligation quote from the UK’s most trusted solicitors today. Just tell us about your case to get started and we will: 

  • Assess the strength of your case; 

  • Give you a fixed-fee quote for legal help; 

  • Walk you through the next steps.

Money-back Guarantee
Get a quote now

We pride ourselves on helping consumers and small businesses get greater access to their legal rights.

Lawhive is your gateway to affordable, fast legal help in the UK. Lawhive uses licensed solicitors you can connect with online for up to 50% of the cost of a high-street law firm.

Lawhive Ltd is not a law firm and does not provide any legal advice. Our network includes our affiliate company, Lawhive Legal Ltd. Lawhive Legal Ltd is authorised and regulated by the Solicitors Regulation Authority with ID number 8003766 and is a company registered in England & Wales, Company No. 14651095.

For information on how to make a complaint about an experience you have had with our SRA regulated affiliate company Lawhive Legal Ltd click here.

Lawhive Legal Ltd is a separate company from Lawhive Ltd. Please read our Terms for more information.

© 2024 Lawhive
86-90 Paul Street, London EC2A 4NE

Version: f2823c4