A possession order is the form of court order stating the tenant to evacuate the property. Possession orders are applied in case of child custody and even for other kind of possession like vehicles.Generally, it is part of procedure of the court followed by landlord to evacuate tenant as the person has failed to pay rent. After completion of the process, the court asks the renter to leave the property. The tenant has rights to defend the order if they have proof of paying the full rented amount. Now usually the landlord employs other sources to collect the debt and to follow the court proceedings. Thus, before handling the debt collectors, you need to know exactly about possession order issued by the court.
Why possession order for eviction is required by the landlord?
A landlord can’t evacuate a tenant from the property who failed to make payments without a court order. The possession order is made by the court on behalf of landlord if all the evidences show the tenant guilty of not paying the rented amount as decided in the agreement documents.
In the possession order, the tenant is given notice to evacuate the rented place within the time limit printed in the notice. Generally, two weeks or a month is given for the tenant to leave the place. If tenant is facing any grave health issues or any family member is sick, the tenant can extend the leaving date for couple of weeks. In case, the tenant fails to leave the property on the date mentioned in the notice, the landlord has the liability to apply in the court for the bailiffs to evict the tenant.
Are options given to suspend the possession order?
To postpone the date of evacuation or totally suspend depends upon multiple factors.
- Tenant is ready to pay the remaining amount of rent due. According to your financial conditions few payment options are provided by the court. It can be paying the whole amount on one fixed date or paying back in instalments.
- If the tenant is unable to evacuate due to genuine reasons, the court will give postponed possession order. A further date for vacating the property will be given in favour of the tenant. Failing to follow the order may help the landlord to apply in the court for passing bailiffs to evacuate the tenant.
- Even adjourning the case can happen in certain conditions. This means the date of hearing the case will be postponed. Hence, the tenant will get ample time period to pay the due or plan to leave the property.
Situations when adjourning the possession order happens:
- When the amount due is quite less, the time period is given to the tenant to repay.
- The judge prefers to have more evidence to prove the tenant guilty of not paying the rent money.
- The judge is in favour of tenant to have more time to have house benefitting claim.
If you need guide to dealing with Robinson Way debt collectors, anytime visit their website links to know exactly the options available for avoiding to evacuate the property and to fulfil the tenant agreement conditions.
