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POSSESSION ORDERS

General Description

The court will grant the landlord a Possession Order if the landlord can demonstrate a good reason or reasons for such an order. The order, once granted, will give the tenant a date whereby the tenant must vacate the property. If the tenant fails to vacate by the due date the landlord can apply for a Warrant for the eviction of the tenant.

The tenant, however, can apply to the court for the order to be delayed for a short time if severe hardship will result (illness, small children, elderly/infirm tenant etc).

Obtaining a Possession Order

As long as the landlord has followed the procedures as detailed on our Landlord's Procedures page the court will grant possession. The main justifiable reasons are detailed below:
  • The tenant is at least 2 months or 8 weeks behind with the rent.
  • The tenant has damaged the property.
  • The tenant is a nuisance neighbour.
  • The expiry of the 6 month's contract (notice having been given by the landlord).
There is also the provision for the landlord to obtain possession if:
  • The landlord used to live in the property and now needs to - the tenant should have been made aware of this at the start of the tenancy.
  • The landlord is going to demolish the property.
  • The landlord's bank or other mortgage lender is repossessing the property.

The appropriate documentation must be filed at court along with the court fee.

In order to commence proceedings for the repossession of your property please click on to the button below:

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