By Adrian Thompson of the Guild of Residential Landlords

We all know the scenario. You have a problem tenant, you have served all the appropriate notices, applied to the court and obtained a possession order. But at the last minute, the tenant makes an application to set aside the possession order causing yet more delays to the execution of the order. What does it mean for you?

What are the legal requirements of such an application?

Under the Civil Procedure Rules, a set aside is basically as it sounds. It puts to one side any order or judgement whilst whatever issue is resolved. If a possession order is set aside, the order may not be executed by the court bailiff. Just because an order may be set aside, doesn't mean the order has been quashed.

A set aside is only available to a person who failed to attend a hearing, if the party attended the hearing where the judgement or order was made, then an appeal would be the appropriate action.