Landlord has the right to claim a court possession order just after properly served notice of possession under the Section 21 or Section 8 when notice period expired and the tenant has not left the premises.
Residential possession proceedings are dealt with under Civil Procedure Rules Part 55.
Landlord has not legal right to evict tenants under any circumstances. Generally speaking, property possession could be divided into three logical parts:
1.Notice of possession
Process of ending tenancy agreement with serving possession notice with period to leave a property in 2 weeks(section 8 notice) or 2 months(section 21 notice). Usually, in most of all cases tenant release a property.
2. Court possesion order
Claim the possession order to the court. Landlord may claim standard possession order or accelerated depending on whether possession is requested or rent arrears. Standard possession claim is more time consuming and usually is used when landlord wish to possess a property and recover rent arrears. Accelerated possession is intended for possession only property when notice of ending AST tenancy was made under Section 21.
The choice of route between standard and accelerated possession order will be dictated by a number of factors. These includes:
- type of tenancy: Assured tenancy / AST tenancy
- reason for landlord wants the property back: ending the tenancy before/after the term, breaching the tenancy rules, tenant fails or delays rental payment more then 2 months
- rent arrears that could be claim only via standard possession claim or small claim.
3. Tenants' eviction process
Tenants eviction is made just after the court issue warrant of eviction(N325 – Request for Warrant of Possession of Land). Bailiffs(!) or enforcement officer is eligible to proceed eviction. County court bailiffs should send eviction notice(from N54) and report the date of eviction. Eviction wouldn’t need if tenant leaves a property by the date specified in issued possession order.
Exclusions:
The court cannot issue an order for possession which takes effect earlier than 6 months from the beginning of the tenancy contract or, if it is a replacement tenancy, 6 months from the beginning of the original tenancy.
What court form must be completed and court fee are described in the “Accelerated possession order” and “Standard possession order”.