Obtaining A House Possession Order

Property Management - House Possesion Order

A house possession order is a court order that permits a landlord to evict his or her tenant thereby ending the tenant's legal right to live on the property. The process of obtaining such an order is referred to as applying for possession. The decision to issue a possession order usually depends on the type of tenancy and the circumstances of the case.

Whenever a landlord makes an application for possession to the county court, the judge may take any of the following actions

Issue an Outright Possession Order. When a court issues an outright possession order, the tenant has to leave the property by the date indicated on the order. Usually this date is 14 days from the day when the court order was issued. However, in special cases such as when the tenant is ill or has young children, the judge can delay the eviction by up to six weeks.

Issue a Suspended Possession Order. If the judge decides that the landlord has the right to evict the tenant but it would not be fair to do so at that time, he or she may issue a suspended order. This allows the tenant to remain in the house as long as he or she abides by certain conditions outlined in the court order. For instance, the tenant may be ordered to pay off the rent owed by a certain amount each week.

Adjourn the Case. As far as court orders are concerned, the adjournment of a case occurs when a judge decides to delay the hearing of a case either indefinitely or for a specified period of time. For instance, if the judge needs more information before making a ruling, then he or she can adjourn the case. When a case is adjourned, the court either specifies a date for another hearing or asks the landlord to reapply for possession after a certain period of time.

Dismiss the Case. If the judge decides that there is not enough reason to evict the tenant then he or she may dismiss the case. This may happen where the landlord has no right to apply for possession.

In addition to the above mentioned actions, the judge may order the tenant to pay the rent arrears. Such an order is known as a money judgement. Remember, the decision to issue an outright or suspended house possession order or adjourn or dismiss the case depends on the type of tenancy and the circumstances of the case.