possession order
📖 What is possession order? Meaning and definition
A possession order is issued by the Tenancy Tribunal, confirming that a landlord is legally entitled to regain control of their rental premises. This order typically specifies a date and time by which the tenant must vacate the property. For example, an order might state that a landlord is granted possession of the premises at 11:59 pm on a specific Wednesday.
Such an order is often granted when a tenancy has been terminated, for instance, by a landlord's notice, and the requirements of the Residential Tenancies Act 1986, such as section 64(1), have been met. The Tribunal must grant a possession order if these conditions are satisfied, and it can be made effective immediately.
In addition to granting possession, the Tribunal may also make other orders, such as requiring the tenant to pay rent arrears, damages for cleaning or repairs, or reimbursement for filing fees. If items are left behind by the tenant, a disposal order may also be granted alongside the possession order. Tenants can apply for a rehearing if they believe a substantial wrong or miscarriage of justice occurred, such as not receiving hearing notification or new evidence becoming available, but not simply because they disagree with the decision.
📋 Requirements
- The tenancy has been terminated by notice.
- The termination date is less than 90 days ago.
- The requirements of section 64(1) of the Residential Tenancies Act 1986 are satisfied.
📝 Procedure
- A landlord applies to the Tenancy Tribunal for possession of the premises.
- A hearing is held, which both parties may attend.
- The Tribunal assesses if the requirements of the Residential Tenancies Act 1986 are met.
- If satisfied, the Tribunal grants a possession order, often effective immediately or by a specified date.
- The Tribunal may also issue other orders, such as for payment of arrears or damages.
💡 Examples
- A landlord was granted a possession order effective immediately because the premises needed to be put on the market for sale, and the tenancy termination requirements were met.
- The Tenancy Tribunal issued a possession order confirming that a landlord had regained possession of a property on a specific date, alongside an order for the tenant to pay for rent arrears and damages.
- A landlord was granted possession of a rented property at 11:59 pm on a Wednesday after the tenancy was terminated by notice and both parties agreed on the vacate date.
- Following a hearing, a landlord received a possession order and was awarded the filing fee, as the conditions for granting possession were satisfied.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'effective immediately' mean for a possession order?
When a possession order is 'effective immediately', it means the landlord has the legal right to take back the property right away, as soon as the order is made by the Tenancy Tribunal.
Can a landlord get a possession order if the tenant has already left?
Yes, a possession order can confirm that possession has already been returned to the landlord on a specific past date, even if the tenant has vacated the premises before the order is issued.
What happens if I disagree with a possession order?
You can apply for a rehearing if you believe there was a substantial wrong or miscarriage of justice, such as not receiving notice of the hearing or if new evidence has become available. Disagreeing with the decision alone is not enough for a rehearing.
Will I have to pay anything else if a possession order is granted?
Often, yes. Alongside a possession order, the Tenancy Tribunal may also order the tenant to pay for things like rent arrears, carpet cleaning, oven cleaning, replacement of missing items, rubbish removal, repairs, general cleaning, lock/key replacement, and reimbursement of the landlord's filing fee.
What if I leave items behind after a possession order is made?
The Tenancy Tribunal can grant a 'disposal order' in respect of items left behind by a tenant. This order gives the landlord legal authority to deal with those items.
Does a possession order always mean I have to leave immediately?
Not always. While some orders are 'effective immediately', others specify a future date and time by which the tenant must vacate the premises, allowing for an agreed transition period.