Commercial landlords rely on rent to cover the costs of running their premises and to maintain income. When a tenant stops paying rent, damages the property, refuses to leave at the end of a lease, or occupies without any legal right, swift action is often needed. One of the formal options available is to apply to the court for a possession order.
‘A possession order can be essential where a tenant remains in occupation despite rent arrears, ongoing breaches, or the end of the term,’ says Daniel Barnden, Associate Solicitor in the commercial disputes team at Nalders. ‘It is also the route to take if someone is occupying your premises unlawfully. The key is understanding whether court proceedings are necessary and what steps must be taken before issuing a claim.’
Daniel explains when a possession order may be required, how the process works, and what practical steps landlords can take to recover their property.
What does a possession order mean?
A possession order is a court order allowing a commercial landlord to take back physical and legal possession of a property. Once granted, it provides the legal authority to remove a tenant or any other occupier who has no right to be there.
When should I use it?
A possession order is used when you need to lawfully end a tenant’s occupation and regain control of the premises. Common situations include:
- Non‑payment of rent
- Persistent breaches of the lease
- Refusal to vacate at the end of the lease term
- Unauthorised occupiers
Before taking court action, other avenues should be considered. Court proceedings involve costs, delay, and uncertainty for both sides.
Non‑court options may include negotiation, agreeing a payment plan, or using mediation. In many cases this can resolve matters without the need for litigation.
Another possible remedy is forfeiture and peaceful re‑entry, but only where the lease expressly allows it. This involves entering the premises and changing the locks once the right to forfeit has arisen. However, peaceful re‑entry can only be used where the property is empty and there is no risk of confrontation. If a tenant is physically present or likely to resist, court proceedings are almost always the safer option.
If the tenant refuses to engage and remains in occupation, a possession order may be the quickest and most reliable way to resolve the issue and limit further financial loss.
How do I go about obtaining possession?
Before issuing proceedings, it is essential to comply with all pre‑action requirements and any steps set out in the lease.
Where the breach does not relate to rent arrears, a section 146 notice may be required. This notice gives the tenant reasonable time to remedy the breach and must be drafted and served correctly.
Your solicitor will need to review the lease, any relevant correspondence, details of arrears or breaches, and evidence of any previous demands or warnings. They will prepare a claim form and supporting documents, file the claim at the county court or High Court, and arrange service on the tenant.
Once issued, the court will fix a hearing date. Some courts list hearings within around twelve weeks, although timing varies.
Whilst more typical in residential tenancies, an accelerated possession procedure may be available. This is a paper‑only route with no hearing, but can only be used where the landlord seeks possession only and there is no dispute. It cannot be used where rent arrears or other issues need to be decided.
How soon can I get possession?
This depends on the court’s workload and whether the tenant contests the claim. If the tenant files a defence, additional time will be needed to exchange evidence and the court may list a longer hearing.
If the claim is straightforward and unopposed, an order may be made within roughly twelve weeks, although delays are common and vary by court.
What if the tenant does not leave after the possession order is granted?
If the tenant remains in occupation after the date in the possession order, you can apply for a warrant of possession. This allows county court bailiffs or High Court Enforcement Officers to attend the property and physically remove the occupier if necessary.
How we can help
A possession order is an effective way to recover commercial premises so they can be re‑let and generate income again. The key is following the correct legal process so that the claim proceeds smoothly and without unnecessary delay.
Our commercial dispute team has extensive experience acting for commercial landlords. We can guide you through each stage to ensure you regain control of your property as quickly and efficiently as possible.
For further advice, please contact our commercial disputes team by completing the enquiry form.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.