An order for possession is a letter or form 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 incorrect, you must write to the court immediately explaining what is wrong with it and asking them to change it.
It usually has ‘Order for Possession’ at the top and a box near the top with the case details, 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 due to 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. For more London tenant/landlord/property advice see Westville Consultants.
A money judgment
What you (the defendant) must pay. For example, if there were rent arrears, a judgment for those rent arrears will be entered at the date of the court hearing, to be paid to the landlord. More.
Mesne profits (ongoing rent)
Like so many law issues, this is an old-fashioned term that means the daily amount you must continue to pay as rent while you continue to occupy the property you have been ordered to leave. Read more on mesne profits.
An order for costs
Usually, this will be the court fees and maybe the landlord’s expenses incurred in bringing the case to court. It will typically NOT include all the solicitor’s fees.
If the order is to be suspended
It will tell you what you 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.