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Landlord glossaryPossession

Possession Order

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.

Reviewed by Erdem VolkanLast reviewed 16 September 2026How we check facts

Usual date
14 days after the order
Longest delay
Six weeks, for exceptional hardship
Outright or suspended
A suspended order lets the tenant stay while terms are kept
Not self-enforcing
A warrant and a bailiff are needed to evict

Why it matters

What Possession Order means for a landlord

A possession order is not the same as getting the property back. The order sets a date, usually 14 days away and up to six weeks where the tenant shows exceptional hardship. If the tenant stays past it you still cannot act yourself: changing the locks would be unlawful eviction, even with a court order. You apply for a warrant of possession and wait for a bailiff. On a discretionary ground the court may instead make a suspended order, which lets the tenant stay as long as they keep to its terms.

Worked example

How it plays out

At a hearing in Portsmouth the court grants Emma an outright possession order on Ground 8, with possession in 14 days. The tenant asks for more time because of exceptional hardship, and the judge sets 42 days, the most allowed. When that date passes and the tenant is still there, Emma applies for a warrant of possession.
An illustrative example. Names, places and figures are made up.

Common mistakes

Where landlords go wrong

  1. 01Treating the date in the order as the day you can change the locks.
  2. 02Not checking whether the order is outright or suspended.
  3. 03Accepting payments without reading the terms of a suspended order.

What to do

A short checklist

  • Read the order for the date and any conditions.
  • Apply for a warrant promptly if the tenant stays past the date.
  • Keep recording rent after the order.

Sources

Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.