Enforcement of possession orders

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 an eviction notice (like a Section 21 notice or a Section 8 notice) if the tenants don't leave by the end of the notice period.

There are two main court procedures for getting a possession order:

• standard possession procedure - this is used when you're claiming rent arrears from the tenant. The process involves more paperwork and will always lead to a court hearing. For detailed steps, read Repossessing property - section 8 notices

• accelerated possession procedure - this is a quicker paper-based process that is often used for 'no-fault' section 21 evictions where you aren't claiming rent arrears. A court hearing isn't always needed. For more information, read Repossessing property - section 21 notices

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 type of claim and how busy the local courts are. The following should be seen as estimates only. For

• an accelerated possession claim - as this procedure may not require a court hearing, it is typically faster. However, due to administrative backlogs, it can still take between four and eight weeks, or longer in some areas, to receive the order

• a standard possession claim - this procedure always requires a court hearing. The wait for a hearing date is often the longest part of the process and 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. The possible outcomes include:

• dismissing the case - if you haven't followed the correct procedure or your notice is invalid, the judge will dismiss your claim, and you may have to start the whole process again

• adjourning the hearing - the judge may postpone the decision to a later date if more information is needed

• making an outright possession order - this requires the tenant to leave the property within a set period, usually 14 or 28 days. If they don't leave, you can move to the enforcement stage

• making a suspended possession order - this order is often used in rent arrears cases. It allows the tenant to stay in the property as long as they stick to certain conditions set by the judge, such as paying their rent and clearing the arrears in instalments. If they break the agreement, you can ask the court to enforce the order

• making a money order - the judge can order the tenant to pay you a specific amount. This is a separate order that doesn't grant you possession of the property, but can be enforced if the tenant fails to pay

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.

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 will hear the application and 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. It's essential for landlords to be aware of this possibility, as it can lead to further delays in the eviction process.

Breathing Space moratorium

An eviction based on rent arrears can also be delayed if the tenant enters the government's Debt Respite Scheme (Breathing Space). If a tenant has a Breathing Space, the court must pause any enforcement proceedings for the rent arrears debt. This means 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:

• changing the locks while the tenant is out

• withholding keys from tenants

• physically removing a tenant or their belongings

• stopping utilities like water or electricity

• refusing to carry out repairs to the property

• orchestrated antisocial behaviour (eg asking a friend to move in next door and causing problems)

• 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.