Possession orders: outright, suspended and what comes next

A possession order is the court's decision that the tenant must give the property back to you. It can be outright, so the tenant must leave by a set date, or suspended, so the tenant can stay while they keep to conditions such as paying the rent plus something off the arrears. The judge can also add a money order for the arrears. If the tenant doesn't leave when the order says, you apply for a warrant and court bailiffs carry out the eviction.

Types of possession order

Order	What it says	When you see it
Outright possession order	The tenant must leave by a set date	Mandatory grounds such as Ground 8, and discretionary grounds where the judge thinks it reasonable
Suspended possession order	The tenant can stay while keeping to the conditions	Discretionary grounds only, typically arrears cases on Grounds 10 and 11
Money order	The tenant must pay the arrears, court fees and costs	With or without possession

The judge can also adjourn the case or dismiss the claim, which are not orders for possession. See what happens at a possession hearing.

Outright possession orders: how long the tenant gets

On a mandatory ground, such as Ground 8 (serious rent arrears), Ground 1 (moving in) or Ground 1A (selling), the court must make an order if the ground is proved. Section 89 of the Housing Act 1980 limits how far the possession date can be put off:

• normally no later than 14 days after the order;
• up to 6 weeks if the tenant would suffer exceptional hardship.

On a discretionary ground, section 89 doesn't apply, so the court can set whatever date it thinks right.

Worked example

A judge makes an outright order on Ground 8 on Tuesday 3 November 2026, with possession in 14 days, on Tuesday 17 November 2026. The tenant is still there on 18 November. You request a warrant of possession (form N325, £152). The bailiffs must give the tenant at least 14 days' written notice of the eviction date. For private landlords in April to June 2026, the median time from warrant to repossession was 8.7 weeks, so an eviction in mid-January 2027 would be typical.

Suspended possession orders

On discretionary grounds, section 9 of the Housing Act 1988 lets the court adjourn, stay or suspend the order, or postpone the possession date. When it does, it must impose conditions about paying the arrears and the rent, unless that would cause exceptional hardship or be otherwise unreasonable. If the tenant keeps to the conditions, the court can discharge the order.

In practice a suspended order in an arrears case says something like: pay the rent on time plus a fixed weekly or monthly sum off the arrears. If the tenant keeps to it, they stay. If they don't:

• a breach about rent or money: apply for a warrant on form N325A;
• a breach of other conditions: apply on form N244.

Suspended orders take far longer to end in repossession. In April to June 2026, across all landlord claims, the median from claim to repossession was 26.0 weeks for outright orders and 77.7 weeks for suspended orders (Ministry of Justice, provisional; most of those claims rested on notices served before 1 May 2026).

Section 9 doesn't apply where you're entitled to possession on a mandatory ground. That's one reason landlords with serious arrears plead Ground 8 alongside Grounds 10 and 11.

Money orders for rent arrears

N119 lets you ask for the unpaid rent and use and occupation charges up to the date of the order, ongoing charges until you get possession, and your costs. GOV.UK says a judge can add a money order to any possession order. There is no extra court fee for the money claim.

A money order can be enforced like any other judgment. When you apply for a warrant of possession, you can include the money due in the same warrant, at no extra fee. Other enforcement methods, such as an attachment of earnings order, are covered in getting a CCJ for unpaid rent. For how to frame the claim, read claiming rent arrears in your possession claim.

What to do when the possession date passes

1. Check whether the tenant has gone. If they have moved out and handed back the keys, note the date and take meter readings.
2. If they're still there, request a warrant. Use N325 after an outright order, N325A after a broken suspended order, or PCOL if the claim was issued online. The fee is £152.
3. Watch for the bailiffs' notices. The court sends you an EX96 notice of appointment and may send an EX97a risk questionnaire. Return them at least 3 working days before the eviction, or it may be cancelled.
4. Attend the eviction. See bailiff evictions for what happens on the day.

Watch out: a possession order doesn't let you remove the tenant yourself. Only county court bailiffs or High Court enforcement officers can carry out an eviction. Changing the locks or using anyone else is illegal eviction, and GOV.UK says landlords can be prosecuted or fined up to £40,000. See illegal eviction.

Can the tenant delay the order?

• Applying to suspend the warrant. The tenant can apply on form N244 (fee £16). GOV.UK says a warrant can usually only be suspended where a discretionary ground was used, and the tenant must show a change of circumstances related to the reason for the order.
• Appealing. Either side needs permission to appeal, and the appellant's notice must be filed within 21 days.
• A Breathing Space. If the tenant enters a debt respite breathing space, enforcement of the arrears stops. For a standard breathing space, a scheduled eviction is put back to no earlier than 14 days after it ends. You must tell the court in writing. See Breathing Space and rent arrears.

What to do next

If you're still before the claim stage, the possession court pack prepares N5, N119 and the rent schedule from your answers, for you to sign and file. If you already have an order, read warrant of possession (N325) next. For the full process, see possession claims.