What is a possession order?
A possession order is a court order stating that a tenant must leave a property by a certain date. It's the necessary legal step a landlord must take after serving a Section 8 eviction notice if the tenants don't leave by the end of the notice period.
Under the Renters’ Rights Act 2025, no-fault section 21 notices have been abolished for all tenancies.
Landlords must use the standard possession procedure for all claims. This process applies to every ground for possession, whether you're claiming for rent arrears or because you're moving back into the property. You must submit a claim form to the court, which will then schedule a hearing where a judge reviews the evidence.
How long does it take to get a possession order?
There is no fixed timeline for getting a possession order, as the time it takes can vary significantly depending on the grounds for possession and how busy the local courts are.
Because the possession procedure requires a court hearing in most cases, the wait for a hearing date is often the longest part of the process. This can take eight to 12 weeks or significantly more, depending on the court's schedule.
Timelines can be extended if a tenant files a defence, as this will always require the case to be heard by a judge in court.
What decisions can a judge make at a hearing?
If your case goes to a court hearing, the judge will review the evidence from you and the tenant and make a decision. A judge will usually make one of three decisions:
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adjourn the hearing - the judge will move the hearing to a later date if they believe a decision cannot be made on the day
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dismiss the court case - no order will be made, and the hearing will end. This happens if the judge believes there is no legal reason to evict the tenant, or if you haven't followed the correct procedure (eg missing a step in the notice process). If a case is dismissed, you'll need to restart the entire process from the beginning
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make a possession order (or ‘outright possession order’) - this means your tenants must leave your property before a date given by the judge. If they don't leave by this date, you can ask the court for a warrant for possession
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make a suspended order for possession - your tenants can stay in your property as long as they make the payments or obey the other conditions set out in the order. If they break these conditions, you can ask for a warrant for possession
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make a money judgment - the judge can add this to an outright or suspended order. It means the tenant owes a specific amount for rent arrears, court fees, and legal costs. If they don't pay, you can ask the court to deduct money from their wages or bank account, or send bailiffs to take their belongings
How do you enforce a possession order?
If a tenant doesn't leave by the date set in an outright possession order, you can apply for a warrant of possession. To do this, you'll need to fill in Form N325 and send it to the county court that issued the original possession order, or use Possession Claim Online service. You'll also need to pay a court fee. After the court processes your request, it will issue the warrant and instruct bailiffs to schedule the eviction.
Using county court bailiffs
Once instructed, county court bailiffs will send the tenants an eviction notice (Form N54) stating the date and time the eviction will take place. This notice usually gives the tenants 14 days to leave the property. While this is the standard and most affordable route, be aware that due to bailiff workloads, there can often be long delays of several weeks or even months.
Using High Court enforcement
For a faster eviction, you can apply to transfer the possession order from the county court to the High Court for enforcement. This allows you to use a High Court Enforcement Officer (HCEO) instead of a county court bailiff. HCEOs are private agents who generally act much more quickly.
This option is more expensive and involves an extra administrative step. You'll need to apply to the county court for permission to transfer the order using Form N244. Permission is not always granted, but it's more likely if you are also claiming a sum of money from the tenant (eg significant rent arrears) of over £600. Once the case is transferred, the court order becomes a High Court writ of possession. A key advantage is that this writ gives HCEOs the authority to legally force entry to the property if the tenant refuses to leave, often with the help of a locksmith. For more details on using bailiffs and HCEOs, read Bailiffs.
How do you enforce a money judgement?
If the judge made a money judgment and your tenant doesn't pay the amount they owe, you can ask the court to take action to recover the money. The money judgment applies if an outright order is issued or if a tenant fails to comply with the terms of a suspended order. The court can recover the debt by:
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deducting money from the tenants’ wages or bank accounts
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sending bailiffs to take away things they own
The court cannot take money from a tenant’s benefit payments unless it is to cover the court fees.
Can a possession order be stopped or delayed?
Yes, even after a possession order is granted and a warrant has been issued, there are a couple of ways an eviction can be paused or delayed.
Suspending the warrant of possession
A tenant can make a last-minute application to the court to stop or suspend the warrant by completing Form N244. A judge may decide to delay the eviction if the tenant has a good reason and can, for example, agree to a plan to immediately pay off any rent arrears.
Breathing Space moratorium
An eviction based on rent arrears must be paused if the tenant enters the government's Debt Respite Scheme (Breathing Space). A warrant of possession cannot be issued or acted upon. If you've already started enforcement and are notified of your tenant's Breathing Space, you must inform the court. For more information, read The Debt Respite Scheme (Breathing Space).
If you’re a tenant seeking to delay an eviction, Ask a lawyer for advice.
What is an illegal eviction?
It’s a crime to harass or try to force your tenants out of a property without following the correct legal procedures. Forcing a tenant out of their home is known as an illegal eviction, and you must not take matters into your own hands, even if you have a possession order. If you do not follow the rules, your tenants might have the right to claim damages through the court.
Actions that count as illegal eviction or harassment include:
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changing the locks while the tenant is out
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withholding keys from tenants
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physically removing a tenant or their belongings
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stopping utilities like water or electricity
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refusing to carry out repairs to the property
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orchestrated antisocial behaviour (eg asking a friend to move in next door and causing problems)
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threatening or intimidating the tenant to make them leave
The consequences of carrying out an illegal eviction are severe. It's a criminal offence that can lead to large fines and even a prison sentence. It’s vital you follow the correct enforcement process through the courts. For more information, read Tenants' and owners' obligations.
If you need to evict a tenant, you can start the process by making an Eviction notice. To ensure your notice is legally sound before you serve it, you can have it checked by a lawyer with our Eviction notice review service. For end-to-end support with the eviction process, consider using our Tenant eviction service. If you have any specific questions about enforcing a possession order, don't hesitate to Ask a lawyer.
