Getting a Possession Order — What You Need to Know

What is a Possession Order?

A possession order is a court order that authorises you to take back possession of your property from your tenant. Without it, you cannot obtain a warrant of execution or an eviction notice. You cannot obtain a possession order without first giving your tenant the appropriate notice — and that notice must be flawless.

Pre-Conditions for a Possession Order

Before the court can consider granting possession, the following must all be true:

• The correct Section 8 or Section 21 notice has been served using the right form
• The notice contains the correct information, dates, and stated grounds
• The notice was delivered in a way you can prove (recorded post with proof, or personal service with witness)
• The tenant's deposit has been placed in an approved protection scheme within 30 days of receipt
• If Section 21, all prescribed documents have been provided (EPC, Gas Safety certificate, How to Rent guide)

Can Mistakes Be Fixed?

If any of the above has not been completed correctly, the judge cannot award possession — regardless of the extent of the arrears or the strength of your other arguments. This is the most common and costly mistake landlords make. Even small formatting errors on the notice forms can invalidate the entire application.

If the judge refuses the possession order due to a procedural error, you must start the process again from Stage 1 — serving a fresh notice. This typically adds another 2–4 months to the process, and the tenant continues in occupation throughout.

What Happens at the Hearing?

If all the pre-conditions are met, the judge will typically grant a possession order with a future date — usually giving the tenant a further 14 days to vacate the property voluntarily. As discussed in our guide to why tenants won't leave, most tenants will not vacate at this point even with a court order.

Our Check & Send Service

Given the complexity and the cost of errors, we strongly recommend using our check and send service. Our specialist team reviews your notice, tenancy agreement, deposit protection compliance, and prescribed documents before you submit anything to the court — ensuring your application is watertight from the outset.