Serving the relevant notice
Before a possession order is applied for, the relevant notice must be served, usually Section 21 or Section 8. DCB Legal can help landlords decide which route to take and serve the notice on their behalf.
Possession Order
DCB Legal provide a complete solution to residential possession for landlords.
Applying for a Possession Order
Depending on the notice served, landlords can apply for a possession order either via the standard or accelerated route. DCB Legal’s expert property team can advise landlords on the benefits of each and make the application best suited to the situation.
Enforcing a Possession Order
Whilst most tenants will leave after a possession order is obtained, many don’t. DCB Legal’s proactive approach means that landlords will be in the best position to enforce an order should the need arise.
Specialist Landlord Services
DCB Legal’s specialist property team can assist landlords at any stage in their possession journey, from serving the relevant notice to applying for a possession order.
Specialist Property Solicitors
The possession claims process can be extremely difficult for landlords, as every situation is unique, and the rules are perpetually under review by successive governments.
DCB Legal offers a complete solution for landlords, meaning we can be instructed at any point, from serving the relevant notice to applying for a possession order.
Our expertise allows us to quickly assess cases and carry out the necessary steps to get landlords their property back efficiently, without the need for landlords to research the process and spend their time getting their property back.
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What is a possession order?
A possession order is a ruling from the court notifying tenants they must vacate a property within a specified timeframe. The possession order may also award the claimant a monetary amount for rental arrears that are overdue. Possession claims are set out in Part 55 of the civil procedure rules, commonly referred to as CPR. Most commonly, possession claims are handled through the accelerated procedure after a Section 21 notice, however there are specific criteria that must be met to go through this process. Other claims must be handled with a hearing in the court.
Possession Order Instruction Form
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Are there any prerequisites to apply for a possession order?
In most cases, a Landlord must serve either a Section 8 or Section 21 notice depending on the reason for eviction. Most notices will give tenants at least 2 months to vacate before a possession order is applied for, however in some circumstances this can be 2 weeks instead.
Some claims may not require a notice to be served. A possession claim is usually brought by a Landlord or mortgagee but can also be from tenants seeking relief from forfeiture. All procedures must be followed to prevent delays, claim dismissal, and potential penalties.
How long does it take to gain a possession order?
Some possession claims may take longer than others as there are different routes to apply for the order. For example, under Section 21 a claim may be brought using the accelerated procedure.
This type of claim does not typically require hearing and so once tenants 14 days are up after the court has written to them, a possession order is usually granted. In other claims a hearing is usually required, and the timescale will be dependent on the court backlog, so it is imperative claims are made accurately and follow the correct rules and procedures.
What can be done once a possession order is obtained?
Once a possession order has been obtained, there are a few options available if a tenant does not vacate. The quickest and most effective, if the court allows, is to instruct High Court Enforcement agents to apply for a High Court Writ of Possession.The other option is to instruct county court bailiffs; however, their backlog can be significant meaning the enforcement process could take up to six months.
DCB Legal’s specialist property team know this can be detrimental to Landlords, and because we understand the practicalities of enforcement, we make sure we attempt to gain this permission wherever possible.
Normally, a possession order is granted without a hearing being required, but in rare cases a hearing may take place. A possession order may still be granted. The possession order will give a time scale for your tenant to vacate, and if they do not then enforcement agents can be instructed to carry out an eviction.
Permission to Transfer Proceedings
Often referred to as Section 42, permission to transfer proceedings to the High Court must be granted by the County Court to use High Court Enforcement. This is often missed in Possession claims, even those made by lawyers, and can cause delays in either making the Section 42 application after the fact, or having to wait for the County Court bailiffs, whose delays can be over 6 months.
Wherever possible, DCB Legal will make this application or can be instructed to apply post hearing, to give landlords the best opportunity to enforce an order quickly and efficiently.
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Why use a law firm to apply for a possession order?
The courts are acutely aware that any possession case may leave tenants homeless, and so the onus is on Landlords to ensure they have complied with every element of the Housing Act and Civil Procedure rules. As there are different routes to the possession order, it can be difficult for Landlords to check every detail, especially when they may not be familiar with the process.
DCB Legal’s specialist property team can check every detail of a case to minimise the risk of delays and extra costs to Landlords. DCB Legal can handle every step from serving notice to obtaining the order, and through seamless case transfer to our sister company DCBL – the UK’s leading enforcement provider – we can provide a one solution service for Landlords.
Contact DCB Legal
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About DCB Legal
Leaders in our specialist fields.
We’ve implemented key measures to ensure our service aligns with our mission “to provide our Clients with an ethical, low-touch Litigation service with unrivalled results”.
DCB Legal has a team designated to the continuous improvement of its processes. The team works closely with the operations manager to ensure focus is given to compliance, internal quality assessment and to the most arduous of tasks. These efficiencies allow the service to be run in the most risk-averse manner for the client.
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What our clients say
Our clients praise us for our great results, personable service and expert advice.
Seek expert advice from DCB Legal
at the outset of any eviction or tenancy issue
David Croot, solicitor at DCB Legal, helped me regained possession of my flat and recouped as much of the arrears as possible. David’s strategic abilities, combined with his empathetic communication style, made me feel confident and reassured. His patience, kindness, exceptional knowledge and, importantly, experience allowed me to achieve the best possible outcome.
Heleen VW
Section 21 & Section 8
Although we were unsuccessful in our first attempt in court, we were successful in our second attempt. This whole process was handled by Neil Smith very professionally and he couldn’t have done any more during the first attempt at court date one. We have now been granted possession and are renovating our property at present. If we decide to go for our back rent we would definitely be in touch with Neil again.
Thank you DCB Legal!
Caroline and Andy Ruane
First rate service
First rate service. Having been badly let down by a supplier, DCB Legal successfully recovered all of my money. They took all the stress and worry out of the legal process and kept me fully informed at all times.
Thank you DCB Legal!
V A Rimington
Debt recovery
Would recommend this company. Very easy process to follow and supportive throughout the process. Everything, including costs and potential future costs were explained clearly in the first phone call.
Very happy with the outcome and first port of call should we need this type of service again.
Janet Farrell
I was pleased with how efficient and…
I was pleased with how efficient and simple it was to use the services of this company. I had a tenant who was refusing to move out, despite not paying rent for a long time. Within 3 weeks of engaging the services of this company the tenant was gone. I believe that the weight of a legal letter is much more valued than me writing to the tenant. I wish I had used them earlier in the process.
Michael
Can’t Pay? We’ll Take It Away!
One Solution for Landlords.
DCBL and their agents, exclusively featured on the popular series ‘Can’t Pay? We’ll take it away’, are now known worldwide as the face of High Court Enforcement – most notably for their ethical approach to enforcement of County Court Judgments and Possession orders.
Often, delays in the county court bailiff services mean landlords can be waiting months before an agent can attend with no guarantee of results. DCB Legal offers our clients a seamless transfer of cases to DCBL, allowing for swift enforcement action carried out in an ethical and pragmatic manner.
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