Possession Order
Quick answer
The court order made at the end of a possession claim, requiring the tenant to give up the property to the landlord on a specified date. Two main types under Section 8: outright (give up by a fixed date, typically 14–42 days) or suspended (postponed if the tenant complies with terms, e.g. clearing arrears). If the tenant does not leave by the date in the order the landlord must apply for a Warrant of Possession to enforce eviction by a county court bailiff or High Court Enforcement Officer.
At a glance
- Normal date
- 14 days after the order
- Maximum postponement
- Six weeks, on exceptional hardship (s.89 Housing Act 1980)
- Outright vs suspended
- Suspended lets the tenant stay while terms are met
- Not self-enforcing
- A warrant and a bailiff are required to evict
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Open full guideWhy Possession Order matters for landlords
Winning a possession order is not the same as getting the property back, and the gap between the two is where landlords lose months. The order sets a date, normally 14 days away, extendable to six weeks where the tenant shows exceptional hardship. If the tenant stays past it you cannot act yourself — changing the locks at that point is still unlawful eviction, a criminal offence, even though you hold a court order. You apply for a warrant of possession (form N325, £152) and wait for a county court bailiff, which commonly adds four to eight weeks. On a discretionary ground the court may instead make a **suspended** order, which gives possession only if the tenant breaches its terms.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Possession Warrant (Warrant of Possession)
The court instruction authorising a county court bailiff to physically evict the tenant after a Possession Order has expired without the tenant leaving. Applied for on form N325, currently runs at a £152 court fee plus the bailiff’s scheduling waiting list (often 6–12 weeks in busy regions). Higher-value claims (over £600) can be transferred to the High Court for enforcement by a High Court Enforcement Officer (Writ of Possession), which is significantly faster but more expensive.
Accelerated Possession
A fast-track court procedure used under a Section 21 notice in England and Wales. Abolished for new claims from 1 May 2026 because Section 21 no longer exists. Possession is now pursued under Section 8 using a specified ground.
Bailiff (County Court Bailiff / High Court Enforcement Officer)
The court officer who enforces a possession order at the eviction stage. After a landlord wins a possession order under Section 8 (post-1 May 2026 the only route in England), if the tenant does not leave by the date in the order the landlord applies for a Warrant of Possession (CCB) or a Writ of Possession (HCEO). The bailiff or HCEO then attends to take physical possession; only they may lawfully evict, self-help eviction by the landlord is a criminal offence under section 1 of the Protection from Eviction Act 1977.
Form N5B (Accelerated Possession Claim)
The court form historically used to start an accelerated possession claim after a valid Section 21 notice. The accelerated route allowed possession on paper without a hearing in straightforward cases. From 1 May 2026 the form is no longer usable for new claims because Section 21 has been abolished by the Renters Rights Act 2025; possession claims now start under Section 8 / Form N5 instead.
Assured Periodic Tenancy (APT)
The single tenancy type that replaced the assured shorthold tenancy (AST) in England under the Renters’ Rights Act 2025. From 1 May 2026 every existing AST automatically converted to a periodic assured tenancy — no fixed term, rolling from period to period — and no new fixed-term ASTs can be granted. The tenant can leave on two months’ notice; the landlord can only regain possession using a Section 8 ground.
Disrepair
A property condition falling below the landlord’s repairing obligations under Section 11 of the Landlord and Tenant Act 1985 or the Homes (Fitness for Human Habitation) Act 2018. Tenants can sue for damages and specific performance. Disrepair is not in itself a defence to a possession claim, but a damages counterclaim can be set off against rent arrears — which can drop the arrears below the Ground 8 threshold — and it weighs against the landlord on the reasonableness test for discretionary grounds.