What Is a Possession Order?

A possession order in commercial property matters is a court directive permitting a landlord to lawfully recover possession of their premises. It is typically sought where a tenant has breached lease terms, failed to pay rent, or remained in occupation beyond the contractual term.

A possession order ensures that recovery of the property takes place through proper legal channels, protecting both landlord rights and procedural fairness.

The Civil Procedure Rules, Part 55

Civil Procedure Rules (CPR) Part 55 provides the legal framework governing possession claims in England and Wales. It sets out the procedure landlords must follow when seeking to regain possession of commercial property.

Strict compliance with CPR Part 55 is essential. Errors in procedure, service, or documentation can delay proceedings or jeopardise the claim.

Procedure for Obtaining a Possession Order Under CPR Part 55

1. Starting the Claim

A possession claim is usually issued in the County Court hearing centre. In certain circumstances, proceedings may be brought in the High Court.

Where the claim concerns trespassers and the occupiers are unidentified, proceedings must be brought against “persons unknown” in addition to any named defendants.

2. Particulars of Claim

The claimant must file and serve detailed particulars of claim alongside the claim form. These must clearly set out the legal grounds for possession and supporting facts.

3. Hearing Date

When the claim form is issued, the court will fix a hearing date.

For non-residential (commercial) property, the defendant must be served with the claim form, particulars of claim, and any witness statements at least 2 days before the hearing.

4. Service in Trespasser Claims

In claims against trespassers, documents must be served visibly at the property — for example, by attaching them to the main door or placing them prominently on the land.

5. Defendant’s Response

In trespasser claims, a formal defence is not required.

In other possession claims, failure to file a defence may affect the court’s consideration of costs or the conduct of proceedings.

6. The Hearing

At the hearing, the court may:

• Decide the claim immediately

• Adjourn the matter

• Give case management directions

• Allocate the claim to an appropriate track if genuinely disputed

The court will assess the legal basis of the claim, procedural compliance, and the evidence presented.

7. Witness Statements

Witness statements must generally be filed and served at least 2 days before the hearing.

In trespasser cases, they must be served together with the claim form.

8. Allocation

Where the claim is contested, the court will consider factors such as:

• The amount of rent arrears (if any)

• The importance of possession to each party

• The conduct of the defendant

• The complexity of the issues

9. Granting of the Possession Order

If satisfied that the claimant has established the legal right to possession and complied with procedural requirements, the court will grant a possession order.

This order formally entitles the landlord to recover control of the property. If the tenant fails to vacate, enforcement action (such as applying for a warrant of possession) may be required.

Professional Support with Possession Claims

Possession proceedings must be handled carefully to avoid delays, technical challenges, or adverse cost consequences.

Specialist legal support ensures:

• Accurate preparation of claim documentation

• Proper service in accordance with CPR requirements

• Strategic representation at hearings

• Efficient enforcement of possession orders