Standard Possession Order
If you're a landlord in England, you may be wondering what a Standard Possession Order is and how it can be used. Here's what you need to know.
A Standard Possession Order (SPO) is a court order that can be used to regain possession of your property if your tenant has failed to pay rent or has breached the terms of their tenancy agreement.
To obtain an SPO, you must first give your tenant notice that you intend to seek possession of the property. This notice must be served at least two weeks before you apply for the order.
Once you have served notice, you can then apply to the court for an SPO. If the court grants the order, it will set a date by which the tenant must vacate the property.
There are a few things to remember if you're seeking an SPO:
- You must have a valid reason for seeking possession of the property, such as non-payment of rent or a breach of the tenancy agreement.
- You must have served the appropriate notice on your tenant before applying for the order.
- The court will set a date by which the tenant must vacate the property, and it is important to make sure that you are available on that date to take possession of the property.
If you're seeking to regain possession of your property using an SPO, it's important to be familiar with the process and ensure that you're taking the necessary steps to give yourself the best chance of success.
When may the landlord seek a standard possession order? (ground rules must be specified in the notice to quit) Rent or mortgage arrears are one of the examples. When a tenancy is terminated with a section 21 notice and/or a claim for unpaid rent, as well as forfeiture of the lease. Trespassing occurs when someone enters property without permission. A claim for possession is made.
The following are some of the reasons why a landlord may seek property possession:
If a landlord or his representative fails to attend the hearing, the Standard Possession Order may be dismissed. Additionally, if a tenant has paid rent before the hearing, the Standard Possession Order may also be dismissed. Finally, if the notification procedure (section 8 notice or section 21 notice) was breached, the Standard Possession Order may be dismissed.
To apply for an SPO, your landlord must fill in:
- form N5 - claim form for possession
- form N119 - particulars of claim for possession
- a witness statement
A landlord will also need to provide:
- the original rental contract or any related tenancy agreements
- rent arrears statements
Once the forms have been completed, they will need to be sent to the county court hearing centre nearest to where
- 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.
The standard possession order process is the legal process by which a landlord can regain possession of their property from a tenant who has fallen behind on their rent. The typical timescale for this process is around two to three months, although it can vary depending on the individual case.
The first step in the standard possession order process is for the landlord to serve a notice of intention to seek possession on the tenant. This notice gives the tenant 14 days' notice that the landlord intends to begin legal proceedings to evict them from the property.
The next step is for the landlord to file a claim for possession with the court. The court will then set a date for a hearing, at which both the landlord and tenant will have an opportunity to present their case.
If the court decides in favour of the landlord, they will issue a standard possession order. This order gives the tenant 14 days to vacate the property. If the tenant does not comply with the order, the landlord can then request that bailiffs forcibly remove them from the property.
The standard possession order process is the most common way for landlords to regain possession of their property from tenants who have fallen behind on their rent. The typical timescale for this process is around two to three months, although it can vary depending on the individual case.