What is a possession order?
A possession order is a court order requiring a tenant to leave a rented property by a specified date or subject to conditions. If the tenant remains after the notice period, the landlord will normally need to start court proceedings.
An outright possession order requires the tenant to leave by the date set by the court. A suspended possession order allows the tenant to remain if they comply with conditions, such as paying the current rent plus an amount towards rent arrears.
When can a landlord apply for a possession order?
A landlord must usually serve the correct notice before starting possession proceedings. In England, this generally means using Section 8 of the Housing Act 1988 and identifying one or more valid grounds for possession under the current framework.
The notice period depends on the ground used. Common grounds include rent arrears, breach of the tenancy agreement, antisocial behaviour, sale, or occupation by the landlord or a qualifying family member.
The notice must be accurate and served correctly. If the tenant does not leave when it expires, the landlord can consider making a possession claim in the county court.
What is the possession order process?
Step 1: Start the possession claim
Most possession claims must normally be started in the county court for the area where the property is located. Where the claim is based only on rent arrears, the landlord may be able to use Possession Claims Online. Other Section 8 cases are generally progressed through the paper-based procedure.
The claim form should be accurate and supported by the tenancy agreement, notice, evidence of service and documents supporting the grounds relied upon.
Step 2: Prepare for the court hearing
The tenant can file a defence and challenge the landlord's case. Landlords should therefore prepare a clear evidence file before the hearing.
This may include:
- The tenancy agreement.
- The notice and evidence of service.
- An up-to-date rent schedule where arrears are relied upon.
- Relevant correspondence with the tenant.
- Photographs, inspection records or witness evidence relating to a breach.
- Relevant compliance documents.
Step 3: The judge decides the outcome
At the hearing, the judge will consider the grounds, evidence and any defence. The court may grant possession, adjourn the proceedings for more information or dismiss the claim if the legal requirements have not been met.
Where a mandatory ground is proved, the possession date will usually be within 14 days of the order, although the court can allow longer where extreme hardship is established. Discretionary grounds require the judge to decide whether it is reasonable to grant possession.
How much does a possession order cost?
The current HM Courts and Tribunals Service court fee for a county court possession claim is £415. That covers the claim itself. Professional support, further applications and enforcement are additional.
Court fees include:
- County court possession claim - £415
- Warrant of possession - £152
- High Court writ of possession - £82
The £152 warrant fee and £82 fee for sealing a High Court writ of possession are set out in the current HMCTS civil court fee schedule.
The total cost can extend well beyond the initial court fee. A defended claim, additional hearing, locksmith, specialist advice or High Court enforcement can increase what the landlord has to pay. Continuing rent arrears can also add to the financial impact while possession remains unresolved.
Are there fixed costs for possession claims?
The Civil Procedure Rules provide for fixed costs in certain possession claims. CPR Part 45 sets fixed commencement costs for qualifying claims for the recovery of land, including possession claims, and allows the relevant court fee in addition.
Fixed costs do not mean every expense will automatically be recovered from the tenant. The recoverable amount depends on the type of claim, the stage reached and any costs order made by the court.
Can a landlord recover possession costs from the tenant?
A judge can add a money judgment to a possession order. This may include rent arrears, court fees and legal costs where appropriate. However, landlords should not assume all of the landlord's costs will be recovered simply because the claim succeeds.
The court decides whether to award costs and what the defendant should pay. Where costs are not fixed, the court may use summary assessment at or after a hearing or order a detailed assessment of the amount payable.
Costs can be assessed on the standard basis or, in appropriate circumstances, the indemnity basis. Because cost recovery can become technical, landlords should take advice before assuming substantial professional fees will be recoverable.
What can stop or delay a possession order?
A genuine problem with a tenancy does not remove the need to comply with procedural rules. A claim can be delayed, adjourned or dismissed where the court is not satisfied that the requirements have been met.
Common problems include:
- Serving the wrong notice or giving the wrong notice period.
- Relying on grounds that cannot be proved.
- Failing to evidence rent arrears or another breach.
- Filing an incomplete or inaccurate claim form.
- Missing documents or weak evidence.
- A tenant filing a defence that requires further consideration.
- Arrears changing before the hearing where this affects the ground relied upon.
These issues can increase costs and delay recovery of the property.
How long does it take to get a possession order?
There is no single national timeframe. The process depends on the notice period, how quickly the claim is issued, court hearing availability, the complexity of the grounds and whether the tenant files a defence.
A straightforward claim with clear evidence will usually move faster than a contested case, while an adjournment or request for further information will extend the timetable.
Do I need a solicitor to apply for a possession order?
A landlord is not necessarily required to instruct solicitors, but professional support can be valuable where several grounds are relied upon, arrears are disputed or the tenant raises a defence.
Checking the position before filing can be less costly than correcting a procedural mistake later. This is particularly important where an error could result in the claim being adjourned or dismissed and further court proceedings becoming necessary.
What happens if the tenant ignores the possession order?
A possession order does not usually allow the landlord to remove the tenant personally. If the tenant remains after an outright order expires, or breaches the conditions of a suspended order, the landlord may need to apply for a warrant of possession.
The current court fee for a warrant is £152. Once issued, county court bailiffs can be appointed to carry out the eviction lawfully.
A landlord may also seek permission to transfer enforcement to the High Court. If permitted, High Court enforcement officers can enforce a writ of possession. High Court enforcement may be faster in some cases, but it carries additional procedural and enforcement costs.
How long does a landlord have to enforce a possession order?
A landlord can generally apply for a warrant of possession for up to six years after the possession order was made. After six years, court permission is required before a warrant can be issued.
Where an order is old, landlords should obtain advice before attempting enforcement because the tenancy and circumstances may have changed materially.
Why early advice can reduce possession costs
A landlord may already be dealing with lost rent and arrears when the claim reaches court. A defective notice or poorly prepared claim can add further applications, hearings and costs.
Early advice can help confirm that the grounds, notice and evidence are aligned under the Renters Rights Act framework. This reduces the risk of discovering a procedural problem only after time and money have already been committed to court proceedings.
How AST Assistance can help with possession proceedings
AST Assistance works exclusively with landlords and provides practical support with possession, rent arrears, tenancy breaches and related disputes. Our focus is on helping landlords understand their legal position early and avoid procedural mistakes that can increase costs or delay recovery of the property.
Through AST Assistance's Renters' Rights Act Compliance Service, we can review the tenancy and possession position, identify risks and advise on the next steps. The service includes support with possession procedures and evidence under the current Renters' Rights Act framework.
AST Assistance can help landlords with:
- Identifying appropriate grounds for possession.
- Reviewing tenancy agreements, rent records and supporting evidence.
- Preparing and serving compliant notices.
- Supporting possession proceedings and court hearings.
- Advising where a tenant files a defence or challenges the claim.
- Helping with rent arrears and tenancy breach cases.
- Explaining warrant, county court bailiff and High Court enforcement options.
- Clarifying likely court and professional costs before progressing.
Possession proceedings can become significantly more expensive when errors are discovered late. If you are considering court action, dealing with substantial rent arrears or are unsure whether your notice and evidence are sufficient, specialist advice before filing the claim can help protect your position and reduce avoidable delay.
Contact AST Assistance on 01706 619954 to discuss your possession case and the most appropriate route forward.
