Standard possession order

The first type is standard possession order is used for the Assured or Assured Shorthold Tenancy Agreement.

Standard possession order is more complex procedure rather than accelerated possession order. Within this procedure landlord can recover a possession and rental payment owed by the tenants. It take more time but it helps to get both – property and unpaid rental.

There are list of rules that must be complied with before starting court procedure. First of all, compliance with properly served notice under the section 8 or section 21. All notice must be served and received alongside with taking minimum notice period (min 2 week – section 8 notice and 2 month – section 21 notice) in terms of legislation. Otherwise, claim will be dismissed.

List of cases when landlord may claim standard possession order:

  • breaching the tenancy agreement within Section 8 notice (possession notice must be served and ground rules is specified)
  • rent or mortgage arrears,
  • tenancy has been brought to an end with a section 21 notice and/or landlord claim the unpaid rent
  • forfeiture of the lease
  • trespassing
  • claiming possession

Within standard possession order landlord may seek:

  • property possession,
  • property possession and/or recovering rental payments(money claim)

Standard possession order is usually filed in County Court and need a mandatory hearing where possession will be granted or hearing adjourned.

Possession claim may be dismissed if:

-  landlord or his representative fails to attend hearing

- tenant paid a rent before hearing

- notification procedure (section 8 notice or section 21 notice) was breached.

List of documents required to issue standard possession order and arranging court hearing:

  • claim form for possession  - form N5
  • particulars of claim for possession – form N119 alongside with witness statement
  • original rental contract or any related tenancy agreements
  • rent arrears statements
  • any relevant documents, letters, logs or calls
  • copy of section 8(or 21) notice together with proof of delivery or evidence of receiving by tenant(s))
  • form N215 – certificate of service

Once the forms have been completed make multiple copies. One for yourself or/and lawyer, one for each tenant and one for the court.

Standard possession process and its terms:

Once the claim has been issued by the court, it will be sent back indicating a date for

the possession hearing.

The possession hearing date will be between 4 and 8 week from the date of issue of the claim form.

The tenant(claim’s defendant)  has 2 week or 14 days to prepare his defence and file it to the court from the date of  receipt of the claim.

If the tenant owes the rental payment for 2 months or more then court issues possession order

If the tenant fails to pay a rent less then 2 months court likely issue the suspended possession order. Suspended possession allows tenant who will suffer serious hardship in result of eviction to stay in property as long as he meets conditions such as paying outstanding rent and proceed further weekly or monthly payments.

If the tenant defends the claim or issues counterclaim then latter hearing will be arranged.

If the landlord claim possession and notice was sent under the Section 21 then details of deposit scheme and prescribed information must be provided alongside with particulars of claim. If landlord fails to secure deposit then he is not eligible to serve a section 21 notice. There is a risk to be fined of up to 3 times the amount of deposit as well as returning deposit to the tenant.

If possession order is issued then usually 28 days will be given for property vacation.

If property is not realized then landlord may request warrant for possession – form N325. In this case, court sends the eviction notice to the tenant. Bailiff proceeds the eviction just after the eviction notice is received and tenant fail to move out in 2 weeks.

Court fee for standard possession order:

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