How to apply for a possession order, and enforce it 2026

In England, private residential possession is now a section 8, standard-possession process: section 21 and the accelerated route have effectively gone for new private assured-tenancy claims. The practical sequence is notice, county court claim, hearing, order, warrant or High Court writ, then court enforcement.

What are the stages of evicting a tenant through the courts?

The court eviction process in England is now: serve a valid section 8 notice, wait for it to expire, issue a standard possession claim, attend the possession hearing, obtain an order, and if the tenant still stays, apply for a warrant or High Court writ so enforcement officers remove them.

The old section 21/accelerated possession route is a transitional dead letter for most landlords: the Renters’ Rights Act omitted the assured shorthold tenancy chapter, and the post-abolition guidance says landlords cannot usually apply for accelerated possession even if a section 21 notice was served before 1 May 2026. The Civil Procedure Rules still contain section 21 accelerated wording, but the repeal governs.

The court rules aim for the hearing within 8 weeks of issue, while the measured median from claim to repossession in Q2 2026 was 27.1 weeks, with 9.4 weeks from warrant to repossession.

Can you apply for a possession order yourself, without a solicitor?

Yes, you can apply for a possession order yourself and represent yourself in court without a solicitor, because a party has the right to speak for themselves and to conduct their own litigation.

That is different from letting an unregulated letting agent run the court case for you: conducting litigation is a reserved legal activity, and carrying on a reserved legal activity without entitlement is an offence. The online possession system makes DIY possession proceedings realistic for rent-arrears-only claims, but it does not cover every section 8 ground. The common timing mistakes are issuing before the section 8 notice has expired, using the online system when the claim includes a non-arrears ground, omitting the daily rent/use-and-occupation figure on N119, and treating N5, N119 or N120 as interchangeable. For a landlord repossession process, the form choice matters as much as the notice date.

How much does it cost to take a tenant to court for possession?

There is no section 21 fee in England now, because section 21 has gone; the standard county court possession issue fee is £415, and the county court warrant of possession is £152, not the £148 figure still printed on some GOV.UK eviction guidance.

The statutory fee order is the source that governs: it fixes £415 for starting county court recovery-of-land proceedings and £152 for a warrant of possession or delivery. Filing through Possession Claim Online is not cheaper; the service also charges £415. If you instruct an eviction firm, the real bill is usually far higher than the court fee: one published possession package totals £1,539 including the £415 court fee and advocate fee, and a separate bailiff-stage package totals £477 including the £152 disbursement. Recoverable legal costs are much lower than commercial fees.

How do you apply for a possession order?

You apply for a possession order by issuing a standard possession claim in the county court after the section 8 notice has expired and the tenant has not left.

In practical terms, the court order for possession of property now starts with the claim form for possession of property, usually N5, plus the particulars of claim for possession, usually N119 for rent arrears or the relevant particulars form for the ground relied on. Accelerated possession is no longer the normal no-hearing paper route: official guidance says landlords cannot usually apply for an accelerated possession order even where a section 21 notice was served before 1 May 2026.

The county court fee is £415. Once the claim is issued, CPR Part 55 sets a standard period of not more than 8 weeks between issue and the hearing, although actual claim-to-repossession times are much longer.

Can you issue a possession claim online?

Yes, you can issue a possession claim online in England, but only for a rent-arrears-only claim; if the section 8 claim includes sale, breach of tenancy, anti-social behaviour or any other non-arrears ground, it must be issued offline.

Practice Direction 55B allows the online procedure only where the claim is brought solely on rent arrears, and the live Possession Claim Online service is operationally limited to landlords who own a property in England. That creates a trap: the practice direction refers to England and Wales for service addresses, but the service itself says the property must be in England, so Welsh landlords post.

The online fee is £415, the same as paper issue. Older blog posts quoting a lower online fee are stale because the reduced online possession fee was removed in 2021.

How do you evict a tenant for rent arrears?

To evict a tenant for rent arrears in England, serve a section 8 notice relying on arrears grounds, wait four weeks, issue a standard possession claim with N5 and N119, prove the arrears at the hearing, then enforce any order by warrant if the tenant does not leave.

Mandatory Ground 8 now requires at least thirteen weeks’ rent unpaid where rent is weekly or fortnightly, or at least three months’ rent unpaid where rent is monthly; the old eight-week/two-month threshold is obsolete for private tenancies after 1 May 2026. Grounds 10 and 11 can support arrears claims, but they are discretionary. The section 8 notice must say proceedings will start within 12 months of service. There is no private-landlord rent-arrears pre-action protocol: the possession protocol applies to social landlords, although sensible arrears schedules and tenant contact still matter.

How do you get possession of a regulated tenancy?

To get possession of a regulated tenancy, the landlord must satisfy the Rent Act 1977 route: the court generally needs to consider it reasonable and must also be satisfied that suitable alternative accommodation is available or that a statutory Case applies.

Regulated tenancy possession is not the ordinary post-2026 section 8 assured-tenancy process, and it is more protective of the tenant. For many Part I Rent Act Cases, reasonableness remains essential; for Part II Cases, the court must make an order if the statutory circumstances are met. A common mistake is assuming every Rent Act order is subject to the 14-day/six-week postponement rule.

Section 89 of the Housing Act 1980 switches that restriction off where the court could make the order only if it considered it reasonable, so discretionary Rent Act possession can have a different timetable.

Can you have two possession orders on the same property?

Yes, there is no general rule limiting a landlord to one possession order on the same property, but the practical issue is whether the orders concern the same occupier, the same tenancy, parts of a building, or an old order that now needs permission to enforce.

CPR Part 55 expressly covers recovery of possession of land, including buildings or parts of buildings, so separate parts of one property can be the subject of different possession proceedings. The real procedural limit is age: a writ or warrant generally must not be issued without the court’s permission where six years or more have elapsed. Possession statistics also show why multiple stages matter: in Q1 2026 there were 22,733 landlord claims, 16,848 orders, 10,172 warrants and 6,888 repossessions, so an order and an eviction are not the same event.

Can you skip mediation and go straight to court?

Yes, a private landlord can normally issue possession proceedings without completing mediation first, because the possession pre-action protocol applies to social landlords, not private landlords.

That does not mean ADR is irrelevant. The Practice Direction on pre-action conduct says litigation should be a last resort and parties should consider negotiation or ADR, and the Court of Appeal has confirmed that courts can lawfully stay proceedings or order parties into a non-court dispute resolution process. The old “you can never be forced to mediate” line is no longer safe after Churchill.

For possession, the decisive point is narrower: mediation is not a pre-issue gateway for a private section 8 claim, and government Renters’ Rights Act guidance still says courts remain a necessary part of the possession process where a dispute cannot otherwise be resolved.

What happens at a possession hearing, and do you have to attend?

At a possession hearing, the court either decides the claim or gives case-management directions, and a landlord should attend or send a proper representative even though the rules do not make non-attendance an automatic dismissal in every case.

CPR 55.8 says the first hearing may decide the claim or give directions, and facts at that hearing may be proved by written evidence. GOV.UK warns that the claim can be dismissed if the landlord or representative does not attend, but Practice Direction 55A says that where a witness-statement maker is absent and material evidence is disputed, the court will normally adjourn so oral evidence can be given.

The first possession hearing is not treated as an ordinary trial for the strict CPR 39.3 test. In practice, bring the notice, tenancy, rent schedule, certificate of service, and a draft order.

What does adjourned generally with liberty to restore mean?

“Adjourned generally with liberty to restore” means the possession claim is paused without a new hearing date, and either party can apply to bring it back before the court if the reason for the adjournment fails or the agreed terms are broken.

The phrase is court practice language rather than a defined statutory term; the CPR’s underlying power is the general case-management power to adjourn or bring forward a hearing. Shelter describes “liberty to restore” as the landlord’s ability to reinstate the possession claim if the tenant fails to keep to the adjournment terms. The important limit is mandatory grounds: Housing Act 1988 section 9’s broad adjournment and suspension powers do not apply where the court is satisfied the landlord is entitled to possession on a mandatory Part I Schedule 2 ground. So the phrase is procedural, not a fresh possession order.

How do you amend and re-serve a claim after the hearing is adjourned?

After a possession hearing is adjourned because the claim form or particulars were wrong, you amend the served statement of case only with the tenant’s written consent or the court’s permission, then serve the amended claim documents in the way and by the deadline the court orders.

You do not simply re-serve a new section 8 notice to change the grounds: Housing Act 1988 section 8 says the grounds specified in the notice may be altered or added to with the leave of the court. If the notice itself is defective, the court can dispense with the notice requirement where it is just and equitable, but you should not assume that will happen.

If you discontinue and re-issue after a defence, CPR 38.7 can require permission for a second claim. The safe route is a short application identifying the missing tick-box, amended N5/N119 and proposed service directions.

What is an outright possession order?

An outright possession order is a possession order with a fixed possession date that entitles the landlord to apply for a warrant if the tenant does not leave; it is not a bailiff appointment by itself.

The MoJ glossary describes an outright order as one that entitles the claimant to apply for a warrant to have the defendant evicted, except in suspended-order cases. GOV.UK says the tenant must leave before the date in the order, but the enforcement reality is sharper: the tenant is not physically removed on that date, and only execution of a warrant or writ recovers possession against a tenant who stays.

There is no single statutory definition of “outright possession order”; the legislation and CPR usually speak simply of an “order for possession”. The practical meaning is “enforceable after the date, without proving breach of suspension terms”.

Can the court give the tenant more than 14 days for exceptional hardship?

Yes, and the sharp post-abolition point is this: section 89(2)(c) switches the six-week cap off entirely where the court could make the order only if it considered it reasonable, so “six weeks maximum, no exceptions” is wrong for discretionary grounds.

For mandatory possession orders, section 89 normally fixes possession at no later than 14 days after the order, unless exceptional hardship is shown, and even then no later than six weeks after the order. That cap used to dominate because section 21 and mandatory routes produced many orders; after section 21 abolition, discretionary section 8 grounds matter more. For discretionary grounds, Shelter states the court has discretion to decide the possession date. “Exceptional hardship” is not defined in legislation, and reported authority is thin, but the statutory distinction is clear: mandatory orders are capped; discretionary-reasonableness orders are not.

What is a suspended possession order?

A suspended possession order is an order for possession whose enforcement is suspended on terms, so the landlord cannot evict unless the tenant breaches those terms.

The statutory power for assured tenancies is Housing Act 1988 section 9, which allows the court to stay or suspend execution of the order, or postpone the date of possession, for such period as it thinks just, but that power is switched off for mandatory Part I Schedule 2 grounds. Suspended orders are common where the court accepts a payment plan on discretionary arrears grounds: the tenant keeps the home if they pay current rent plus the ordered arrears instalments.

A suspended order is not the same as an outright order, because enforcement depends on breach. It is also not the same as a postponed possession order, because a postponed order may not yet contain a possession date.

What is a postponed possession order, and how is it different from a suspended one?

A postponed possession order is different from a suspended possession order because the court postpones the possession date itself, and no warrant can issue until the court has fixed a date for possession.

Housing Act 1988 section 9 separates the powers to “stay or suspend execution” and to “postpone the date of possession”, and Bristol City Council v Hassan treats that distinction as legally meaningful. Shelter’s practical description is that a postponed possession order is like a suspended order except the court does not set a date for possession on the postponed order.

That missing date is the consequence landlords must notice: a warrant enforces a dated possession obligation, so if the order is postponed without a fixed date, the landlord must return to court to have the date fixed before enforcement. Do not treat “postponed” as just another word for “suspended”.

How do you enforce a suspended possession order when the tenant breaks the terms?

To enforce a suspended possession order, use the warrant route if the breach is non-payment of money, but apply on N244 first if the breach is anything other than rent arrears or another payment condition.

Current CPR 83.2 contains the key carve-out: permission is needed where a remedy depends on fulfilment of a condition, other than where non-compliance with the suspension terms is failure to pay money. That means older advice based on Cardiff v Lee is incomplete unless it reflects the amended rule. GOV.UK’s own form guidance encodes the split: N244 is for breach of suspended-order terms other than rent arrears or other payment of money.

Where the order was suspended on instalments, the creditor must certify the amount still due and that the whole or part of an instalment remains unpaid. The warrant fee is £152.

Can a possession order be cancelled or overturned?

Yes, a possession order can be set aside, varied, stayed, suspended, discharged or rescinded in the right circumstances, but the available power depends on the ground, timing and whether the eviction has already been executed.

For discretionary assured-tenancy orders, Housing Act 1988 section 9 allows the court before execution to stay or suspend enforcement or postpone possession, and if conditions are complied with the court may discharge or rescind the order. That power does not apply where the landlord is entitled to possession on a mandatory Part I Schedule 2 ground such as Ground 8.

If the order was made after non-attendance, the test depends on the procedural stage: Forcelux says a first possession hearing is not a trial, so CPR 39.3 does not automatically govern that application, but at a trial CPR 39.3 requires prompt action, a good reason for non-attendance and a reasonable prospect of success. There is no fixed number of suspension applications a tenant can make, but totally without merit applications can lead to civil restraint.

Can you get your court costs back from the tenant?

You can ask for possession costs, but in a rent-arrears possession claim the recoverable legal representative’s costs are fixed and usually far below what the landlord actually pays.

CPR Part 45 says the only allowed legal representative’s charges are the fixed costs unless the court orders otherwise. The standard fixed commencement figure is £69.50 where the court serves the claim, with £57.25 on judgment, making £126.75 before any exceptional order. The £415 issue fee and £152 warrant fee are different from solicitor or eviction-company fees and can be sought as court fees, but recovery depends on the order and the tenant’s ability to pay.

A legally aided tenant may face a nil or reduced costs order. A tenancy clause charging the tenant all legal costs is risky because the Tenant Fees Act tightly limits permitted default payments.

Can you recover the rent that builds up between the order and the eviction?

Yes, you can recover rent or use-and-occupation sums that build up between the possession order and the eviction if the claim asks for them, and N119 specifically contains that request.

For assured tenancies, the tenant does not become a trespasser merely because a possession order has been made: Housing Act 1988 section 5 says the tenancy ends when the order is executed. N119 asks the court to order the tenant to pay rent and any charge for use and occupation from the order date until the claimant recovers possession, and it also asks for the unpaid rent or use-and-occupation charge as a daily figure.

If you omit that part of the claim, the rules do not provide a simple automatic cure. The warrant fee does not increase because a money sum is enforced alongside possession: the fee order says no further fee is payable.

What do you do once you have the possession order?

Once you have a possession order, wait until the possession date has passed and, if the tenant has not left, apply for a warrant of possession using Form N325 or seek transfer for High Court enforcement.

Do not change the locks yourself: Protection from Eviction Act 1977 section 3 says the owner may not enforce the right to recover possession otherwise than by court proceedings. The county court warrant application is a certification that the defendant has not vacated the land as ordered, and the statutory warrant fee is £152 even though some guidance still says £148.

The rent-arrears and court-fee money judgment can be pursued, but the bailiff’s possession appointment is mainly about recovering the property, not guaranteeing payment. The measured process is slow: Q2 2026 claim-to-repossession median timeliness was 27.1 weeks.

What happens when the bailiff carries out the eviction, and do they have to give notice first?

The bailiff or enforcement officer attends on the eviction appointment, removes the occupants from the property and returns possession to the landlord, and a notice of eviction must usually be delivered to the premises at least 14 days before execution.

CPR 83.8A fixes that 14-day notice rule for writs and warrants, but it also contains two important qualifications. If an earlier eviction attempt fails, a further notice needs only 7 days. The court can also dispense with the notice requirement, and the rule does not apply to writs or warrants enforcing possession orders against trespassers. The notice period is not the same as the queue: Q2 2026 statistics put warrants-to-repossessions median timeliness at 9.4 weeks. After the bailiff has executed the warrant, the tenancy ends and the landlord can secure the property.

Can you change the locks once you have a possession order?

No, a landlord cannot change the locks merely because they have a possession order; for an ordinary residential occupier, the order must still be enforced through the court.

Protection from Eviction Act 1977 section 3 makes it unlawful for the owner to enforce the right to recover possession otherwise than by court proceedings, and the orthodox possession route is possession order followed by execution of a warrant or writ. Since 1 May 2026, illegal eviction also carries a civil penalty of up to £40,000, imposed by the local authority without needing a criminal prosecution.

GOV.UK’s “you can change the locks” wording belongs to excluded tenancies and licences, such as some lodgers, where no possession order is needed in the first place. Believing the tenant has left may be relevant to a defence, but it is not a safe substitute for court enforcement.

How do you enforce a possession order through the High Court instead?

To enforce through the High Court, ask the county court to transfer the possession order to the High Court, then have it sealed as a writ of possession for enforcement by an authorised High Court Enforcement Officer.

The important 2026 correction is that general permission to issue a High Court writ of possession is no longer required: current CPR 83.13(2) confines the permission requirement to Immigration Act notice cases, although some solicitor guidance still sells an abolished permission step. The fee inversion is also real: sealing a High Court writ of possession costs £82, which is lower than the £152 county court warrant fee, though HCEO commercial charges make the total cost higher.

High Court enforcement is chosen for speed, not because the court fee is larger. There is no general deadline to seek a writ after an ordinary possession order, but six years triggers permission issues.

Last reviewed August 2026.

Sources

• Renters' Rights Act 2025 s.2 — “In the 1988 Act— (a)omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour); (b)omit Chapter 2 of Part 1 (assured shorthold tenancies).” Source
• Renters' Rights Act 2025 Commencement Regulations 2026 reg.2 — “The following provisions of the 2025 Act, in so far as not already in force, come into force on 1st May 2026 for the purposes of assured tenancies that are not social housing assured tenancies only—” Source
• GOV.UK evicting tenants — “If your tenant does not follow the terms in the possession order, you can apply for a warrant for possession. This means bailiffs can remove your tenant from your property.” Source
• CPR Part 55 — “the standard period between the issue of the claim form and the hearing will be not more than 8 weeks;” Source
• MoJ mortgage and landlord possession statistics April to June 2026 — “Claims to repossessions median timeliness has decreased to 27.1 weeks, down from 27.9 weeks in the same period in 2025.” Source
• MoJ mortgage and landlord possession statistics April to June 2026 — “Warrants to repossessions median timeliness has decreased to 9.4 weeks, down from 10.1 weeks in the same period in 2025.” Source
• GOV.UK accelerated possession orders — “You cannot usually apply to the court for an accelerated possession order, even if you gave your tenant a valid section 21 notice before 1 May 2026.” Source
• CPR Part 55 — “the claim is brought under section 21 of the 1988 Act to recover possession of residential property let under an assured shorthold tenancy other than a demoted assured shorthold tenancy; and” Source
• GOV.UK represent yourself in court — “You have the right to speak for yourself in court without a solicitor or other legal professional.” Source
• Legal Services Act 2007 Sch.3 — “The person is exempt if the person is a party to those proceedings, and would have a right to conduct the litigation, in the person's capacity as such a party, if this Act had not been passed.” Source
• Legal Services Act 2007 s.14 — “It is an offence for a person to carry on an activity ('the relevant activity') which is a reserved legal activity unless that person is entitled to carry on the relevant activity.” Source
• GOV.UK standard possession orders — “You cannot use the online service for other kinds of standard possession claims. For example, if you intend to sell your property or your tenant has broken the terms of the lease.” Source
• Civil Proceedings Fees Order 2008 Sch.1 — “1.4 On starting proceedings for the recovery of land: (a) in the High Court; £559 (b) in the County Court; £415” Source
• Civil Proceedings Fees Order 2008 Sch.1 — “8.6 On the issue of a warrant of possession or a warrant of delivery. £152” Source
• Practice Direction 45 fixed costs — “TABLE 4: rule 45.20 – amount of fixed commencement costs in a claim for the recovery of land (including possession)... £69.50 | £77.00 | £15.00” Source
• Landlord Action instruct — “Our fees: £796.67 VAT: £159.33 Court fee: £415.00 Advocate fee: £168.00 (inc.VAT ) Total: £1,539.00” Source
• Landlord Action instruct — “Our fees: £270.83 VAT: £54.17 Disbursements: £152.00 Total: £477.00” Source
• GOV.UK Possession Claim Online — “You'll have to pay £415 using a debit or credit card or Direct Debit.” Source
• GOV.UK standard possession orders — “Apply to the court for a standard possession order if your tenant does not leave by the date specified on the possession notice.” Source
• Practice Direction 55B — “(a) a landlord against a tenant or contract holder, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or” Source
• GOV.UK Possession Claim Online — “You can only use this service if: you're over 18 you own a property in England” Source
• Civil Proceedings Fees Amendment Order 2021 art.2 — “(e) omit the entry for fee 1.4(c);” Source
• Housing Act 1988 Sch.2 — “(a) if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid; (b) if rent is payable monthly, at least three months' rent is unpaid;” Source
• Housing Act 1988 s.8 — “5E, 5F, 5G, 8, 10, 11, 18 four weeks beginning with the date of service of the notice” Source
• Housing Act 1988 s.8 — “those proceedings will not begin later than twelve months from the date of service of the notice.” Source
• Housing Act 1988 Sch.2 — “Some rent lawfully due from the tenant— (a) is unpaid on the date on which the proceedings for possession are begun;” Source
• Pre-Action Protocol for Possession Claims by Social Landlords — “This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” Source
• Rent Act 1977 s.98 — “a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order” Source
• Rent Act 1977 s.98 — “the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 15” Source
• Rent Act 1977 Sch.15 Part II — “it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs” Source
• Housing Act 1980 s.89 — “The restrictions in subsection (1) above do not apply if—... (c) the court had power to make the order only if it considered it reasonable to make it” Source
• CPR Part 55 — “a claim for the recovery of possession of land (including buildings or parts of buildings)” Source
• CPR Part 83 — “A relevant writ or warrant must not be issued without the permission of the court where six years or more have elapsed” Source
• MoJ mortgage and landlord possession statistics January to March 2026 — “Claims: 22,733 / Orders: 16,848 / Warrants: 10,172 / Repossessions: 6,888” Source
• Practice Direction Pre-Action Conduct — “Litigation should be a last resort... the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings.” Source
• Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 — “The court can lawfully stay proceedings for, or order, the parties to engage in a non-court-based dispute resolution process” Source
• CPR Part 1 — “ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution” Source
• Guide to the Renters' Rights Act — “where a dispute cannot be resolved through other methods, the involvement of the courts will continue to be a necessary part of the possession process” Source
• CPR 55.8 — “At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—(a)decide the claim; or (b)give case management directions.” Source
• CPR 55.8 — “any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.” Source
• Practice Direction 55A — “If the maker of a witness statement does not attend a hearing; and the other party disputes material evidence contained in his statement, the court will normally adjourn the hearing so that oral evidence can be given.” Source
• Forcelux Ltd v Binnie [2009] EWCA Civ 854 — “In my judgment, the hearing before DJ Hudson on 11 September 2007 was not a trial.” Source
• CPR Part 3 — “adjourn or bring forward a hearing” Source
• Housing Act 1988 s.9 — “This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—(a)on any of the grounds in Part I of Schedule 2 to this Act” Source
• Shelter Legal possession orders at court hearing — “the landlord can apply to reinstate the possession claim if the tenant fails to keep to the terms of the adjournment. This is called a liberty to restore.” Source
• Housing Act 1988 s.8 enacted — “the grounds specified in such a notice may be altered or added to with the leave of the court.” Source
• CPR Part 17 — “If his statement of case has been served, a party may amend it only—(a)with the written consent of all the other parties; or (b)with the permission of the court.” Source
• CPR Part 38 — “A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if they discontinued the claim after the defendant filed a defence” Source
• Housing Act 1988 s.8 enacted — “the court considers it just and equitable to dispense with the requirement of such a notice.” Source
• MoJ civil and administrative justice statistics glossary — “The court, following a judicial hearing may grant an order for outright possession of land. This entitles the claimant to apply for a warrant to have the defendant evicted, except in the case of suspended orders.” Source
• GOV.UK possession hearings and orders — “This means your tenant must leave your property before the date given in the order.” Source
• Shelter Legal possession orders at court hearing — “The tenant does not have to leave on the date for possession given in the order.” Source
• Housing Act 1980 s.89 — “the giving up of possession shall not be postponed (whether by the order or any variation, suspension or stay of execution) to a date later than fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused by requiring possession to be given up by that date; and shall not in any event be postponed to a date later than six weeks after the making of the order.” Source
• Shelter Legal possession orders at court hearing — “The court has discretion to decide the date for possession.” Source
• Housing Act 1988 s.9 — “the court, subject to subsection (6) below, may—(a)stay or suspend execution of the order, or (b)postpone the date of possession, for such period or periods as the court thinks just.” Source
• Bristol City Council v Hassan [2006] EWCA Civ 656 — “The distinction between suspending the execution of the order and postponing the date for possession is also made in s.85(2).” Source
• Shelter Legal possession orders at court hearing — “A postponed possession order is the same as a suspended order, except the court does not set a date for possession on a postponed order.” Source
• CPR Part 83 — “(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money);” Source
• GOV.UK if tenants do not follow a possession order — “form N244 if your tenant broke the terms of a suspended order for possession other than in relation to rent arrears or other payment of money” Source
• CPR Part 83 — “(7) In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify— (a) the amount of money remaining due under the judgment or order; and (b) that the whole or part of any instalment due remains unpaid.” Source
• Housing Act 1988 s.9 — “(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.” Source
• CPR Part 39 — “the court may grant the application only if the applicant – (a) acted promptly when he found out that the court had exercised its power to strike out or to enter judgment or make an order against him; (b) had a good reason for not attending the trial; and (c) has a reasonable prospect of success at the trial.” Source
• CPR Part 23 — “23.12 If the court dismisses an application (including an application for permission to appeal or for permission to apply for judicial review) and it considers that the application is totally without merit – (a) the court's order must record that fact; and (b) the court must at the same time consider whether it is appropriate to make a civil restraint order.” Source
• CPR Part 45 fixed costs — “45.16. —(1) In any case to which this Section applies, unless the court orders otherwise, the only costs allowed in respect of a legal representative's charges are those specified in this Section.” Source
• GOV.UK civil court fees EX50 — “Application to vary (amend or change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court writ £16” Source
• Legal Aid, Sentencing and Punishment of Offenders Act 2012 s.26 — “(1) Costs ordered against an individual in relevant civil proceedings must not exceed the amount (if any) which it is reasonable for the individual to pay having regard to all the circumstances, including— (a) the financial resources of all of the parties to the proceedings, and (b) their conduct in connection with the dispute to which the proceedings relate.” Source
• Tenant Fees Act 2019 Sch.1 — “In this paragraph “ relevant default ” means— (a) the loss of a key to, or other security device giving access to, the housing to which the tenancy relates, or (b) a failure to make a payment of rent in full before the end of the period of 14 days beginning with the date (“ the due date ”) on which the payment is required to be made in accordance with the tenancy agreement.” Source
• Housing Act 1988 s.5 — “Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.” Source
• Form N119 England — “pay rent and any charge for use and occupation from the date of the order until the claimant recovers possession of the property;” Source
• Form N119 England — “Any unpaid rent or charge for use and occupation should be calculated at £ per day.” Source
• Civil Proceedings Fees Order 2008 Sch.1 — “Where the recovery of a sum of money is sought in addition, no further fee is payable.” Source
• Protection from Eviction Act 1977 s.3 — “it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.” Source
• Form N325 — “I certify that (1) the defendant has not vacated the land as ordered” Source
• CPR Part 83 — “a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but” Source
• CPR Part 83 — “a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed.” Source
• CPR Part 83 — “dispense with the requirement to deliver a notice of eviction or any further notice of eviction or any further notices of eviction; or” Source
• CPR Part 83 — “This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers” Source
• Protection from Eviction Act 1977 s.1A — “The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.” Source
• GOV.UK excluded tenancies or licences — “You can then change the locks on their rooms, even if they still have belongings in there.” Source
• Housing Act 1988 s.27 — “it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—(a)that the residential occupier had ceased to reside in the premises” Source
• County Courts Act 1984 s.42 — “Subject to any such provision, the county court may order the transfer of any proceedings before it to the High Court.” Source
• County Courts Act 1984 s.42 — “the judgment or order may be enforced as if it were a judgment or order of the High Court” Source
• Partridge v Gupta [2017] EWHC 2110 (QB) — “I was told that an eviction can usually be carried out more quickly by instructing an authorised High Court Enforcement Officer ('HCEO') than leaving it for execution by the County Court Bailiffs.” Source
• CPR Part 83 — “No writ of possession to enforce a notice under section 33D of the Immigration Act 2014 may be issued without the permission of the court.” Source
• KDL Law enforcement of possession orders in the High Court — “the High Court Enforcement Officer then applies to the High Court for permission to issue a 'Writ of Possession'. This generally takes 2 – 4 days.” Source
• Civil Proceedings Fees Order 2008 Sch.1 — “On sealing a writ of control/possession/delivery. £82” Source
• CPR Part 83 — “No writ of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.” Source