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possession order vs. warrant for possession (UK)

English translation: two different things


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07:31 Jul 13, 2005
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: possession order vs. warrant for possession (UK)
"If you do not make contact and make an arrangement to pay the debt, the Council will ask the court for a **possession order**. We will then apply to the court for a **Warrant for Possession**. This gives us the right to send a bailiff to evict you from your home."

The text is very reader friendly. I think both terms mean the same thing, the former being a lay man's term and the latter a the technical one. I would like to double-check.
Thanks in advance,
Javier
Javier Herrera
English translation:two different things
Explanation:
The court issues an order for possession, but this is not enforced immediately. If the tenant doesn’t settle his/her outstanding rent and/or does not leave the property, the landlord may apply to the court for a “warrant of possession” (= warrant of eviction), which authorizes the actual enforcement of the possession order (i.e. the tenant is evicted by bailiffs).

“Where the arrears are less than two months at the time the default notice is given or at the date of the possession hearing, the court has discretion in deciding whether to make a possession order. The court can consider all the factual circumstances in the exercise of its discretion. Where the tenant states an intention to pay the arrears within a reasonable period, the court will often make a ‘suspended’ order for possession. The terms of the suspension will be that the tenant pays the rent as it falls due under the tenancy together with a stated amount per month to clear the arrears. If the terms of the suspension are broken, the landlord can immediately apply to the court to enforce the possession order.

Despite changes made to the law by the Housing Act 1996 to speed up the process, it still takes time to recover possession from a defaulting tenant. The landlord cannot issue proceedings until 14 days after the service of the default notice on the tenant. The possession hearing will take place between four and eight weeks from the date of issue of the court proceedings.

If the tenant fails to vacate by the date stated in the possession order the landlord cannot simply change the locks to the property. Doing so can result in significant compensation being awarded to a tenant and it is also possible for criminal sanctions to be imposed on the landlord. The appropriate course of action is for the landlord to issue a warrant for possession. The warrant authorises the Court Bailiff to recover possession on behalf of the landlord. In practice it takes a Court Bailiff approximately four weeks from the date of receipt of the warrant to return possession to the landlord.” http://www.residentiallandlord.co.uk/feature4.htm

More useful info: http://www.welhat.gov.uk/housingservices/default.asp?pid=391...
Selected response from:

Elizabeth Rudin
Local time: 14:11
Grading comment
Thanks for the valuable info and references
4 KudoZ points were awarded for this answer



Summary of answers provided
5two different thingsElizabeth Rudin
4order vs. its application
Dina Abdo


  

Answers


19 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
possession order vs. warrant for possession (uk)
order vs. its application


Explanation:
a possession order is the legal act needed, warrant of possession is to ensure the application of the legal act. The first may take days before it's accepted, once accepted, the second is taken immediately to start action

Dina Abdo
Palestine
Local time: 16:11
Native speaker of: Native in ArabicArabic
PRO pts in category: 4
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27 mins   confidence: Answerer confidence 5/5
possession order vs. warrant for possession (uk)
two different things


Explanation:
The court issues an order for possession, but this is not enforced immediately. If the tenant doesn’t settle his/her outstanding rent and/or does not leave the property, the landlord may apply to the court for a “warrant of possession” (= warrant of eviction), which authorizes the actual enforcement of the possession order (i.e. the tenant is evicted by bailiffs).

“Where the arrears are less than two months at the time the default notice is given or at the date of the possession hearing, the court has discretion in deciding whether to make a possession order. The court can consider all the factual circumstances in the exercise of its discretion. Where the tenant states an intention to pay the arrears within a reasonable period, the court will often make a ‘suspended’ order for possession. The terms of the suspension will be that the tenant pays the rent as it falls due under the tenancy together with a stated amount per month to clear the arrears. If the terms of the suspension are broken, the landlord can immediately apply to the court to enforce the possession order.

Despite changes made to the law by the Housing Act 1996 to speed up the process, it still takes time to recover possession from a defaulting tenant. The landlord cannot issue proceedings until 14 days after the service of the default notice on the tenant. The possession hearing will take place between four and eight weeks from the date of issue of the court proceedings.

If the tenant fails to vacate by the date stated in the possession order the landlord cannot simply change the locks to the property. Doing so can result in significant compensation being awarded to a tenant and it is also possible for criminal sanctions to be imposed on the landlord. The appropriate course of action is for the landlord to issue a warrant for possession. The warrant authorises the Court Bailiff to recover possession on behalf of the landlord. In practice it takes a Court Bailiff approximately four weeks from the date of receipt of the warrant to return possession to the landlord.” http://www.residentiallandlord.co.uk/feature4.htm

More useful info: http://www.welhat.gov.uk/housingservices/default.asp?pid=391...


Elizabeth Rudin
Local time: 14:11
Specializes in field
Native speaker of: Native in HungarianHungarian, Native in RomanianRomanian
PRO pts in category: 16
Grading comment
Thanks for the valuable info and references
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