What is an Order for Possession?
A order for possession is a letter or form which you will receive from a court summarising what was decided at the court hearing.
Firstly, you must read the order carefully and make sure it is correct. If you believe it is in anyway incorrect you must write to the court immediately explaining what is wrong with it and ask them change it.
It usually has ‘Order for Possession’ at the top and also a box near the top with the details of the case, who the parties are, the court claim number and a few other specific details unique to our case. It will give the date the order was made and the name of the judge who made it. It also tells you who was there at the hearing. Then it will tell you what the court ordered as a result of the hearing. “The Order” – In most circumstances it will contain the following:
The order for possession
This will say something like ‘the defendant give the claimant possession of “No 99, A road, A town” on or before “A date” This means YOU must give the LANDLORD the property back by the date specified.
A money judgment
What you (the defendant) must pay. e.g. If there were rent arrears there will be a judgment for those rent arrears at the date of the court hearing to be paid to the landlord.
Mesne profits (ongoing rent)
This, like so many law issues, is an old fashioned term that really means the daily amount you must continue to pay as rent whilst you continue in occupation at the property you have been ordered to leave.
An order for costs
Usually, this will be the court fees and maybe the landlords expenses incurred in bringing the case to court. It will normally NOT include all the solicitors fees.
If the order is to be suspended
It will say what you will need to do. Usually it will say that you must pay “£X” amount each month for any arrears plus your standard rent as stated in your tenancy agreement.
If you fail to comply with the order
Normally after the judgement at the bottom it will tell you what will happen if you don’t comply with the order.