Possession Order: Types, Timescales and What Happens Next

jamessmiths

Oct 14, 2026 - 21:22

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A possession order is a court order requiring a tenant to give up the property. It is granted after a Section 8 notice expires and the landlord issues a claim.

An order is not an eviction. It sets a date. If the tenant stays past that date, you need a warrant.

The three outcomes

Outcome	What it means
Outright order	Tenant must leave by a set date, usually 14 days
Suspended order	Tenant stays if they meet conditions, usually paying arrears
Dismissal	Claim fails. You start again with a new notice

An outright order can be extended to six weeks where the tenant shows exceptional hardship.

A suspended order is common on discretionary grounds. If the tenant breaches the conditions, you can apply for a warrant without a fresh hearing.

How to apply for a possession order

Step	Detail
1. Notice expires	The full notice period must have run
2. File the claim	Forms N5 and N119, fee £415
3. Court serves the tenant	Tenant may file a defence
4. Hearing listed	4 to 8 weeks after the claim
5. Order granted	Or adjourned if defended

File at the county court for the district where the property is. Include the arrears as a money claim in the same proceedings.

How long it takes

Milestone	Median, from claim
Possession order	7.6 weeks
Warrant issued	14.9 weeks
Repossession	27.1 weeks

Ministry of Justice figures, April to June 2026.

Mandatory versus discretionary grounds

Ground type	Judge's power
Mandatory, proven	Must grant possession
Discretionary, proven	May grant, suspend or refuse

On a mandatory ground the court has no discretion. On a discretionary ground the judge weighs whether eviction is reasonable, which is why suspended orders are common.

If the tenant stays past the date

Apply for a warrant of possession on Form N325, fee £152. County court bailiffs then set an eviction appointment.

Point	Detail
Warrant validity	12 months once issued
Tenant can apply to suspend	Court lists it urgently
After six years	Warrant needs permission under CPR 83.2

You cannot act on the order yourself. Changing the locks is a criminal offence under the Protection from Eviction Act 1977.

Get your possession claim right

Evictions Lawyers UK prepares the claim, represents you at the hearing and instructs bailiffs. Full uncontested eviction from £1,500 + VAT.

Most claims fail on the notice, not the hearing. Evictions Lawyers UK checks the ground and the service before anything is filed.

Request a free case review or call 0333 050 5381.

FAQs

What is a possession order?
A county court order requiring a tenant to give up the property by a set date. It does not itself remove the tenant.

How long does a possession order take?
A median of 7.6 weeks from issuing the claim, on current Ministry of Justice figures.

What happens if the tenant ignores the possession order?
Apply for a warrant of possession on Form N325, fee £152. County court bailiffs carry out the eviction.

What is a suspended possession order?
The tenant stays provided they meet conditions, usually paying rent plus an amount off the arrears. Breach lets you apply for a warrant.

See our guides to Section 8 notice grounds and the eviction process in England.