What is a possession order?

A possession order is a court order that requires a tenant to leave a property by a specified date. It's the only lawful way a landlord can regain possession of a property in England, and it can only be granted after the landlord has served a valid Section 8 notice and applied to the county court.

A possession order is the final step in the eviction process. Your landlord can't get one without going through the courts, and the court will only grant one if the landlord has followed the correct procedure and proven a valid ground for possession, whether mandatory or discretionary.

There are different types of possession order. An outright possession order gives you a fixed date (usually 14 days, or up to six weeks in cases of exceptional hardship) by which you must leave. A suspended possession order sets conditions that you must meet to stay, typically paying current rent plus a monthly amount towards rent arrears. As long as you meet the conditions, the order doesn't take effect.

If you don't leave by the date specified in an outright order, your landlord can't physically remove you. They must apply for a warrant of possession, which authorises court-appointed bailiffs to carry out the eviction. Only bailiffs can lawfully enforce a possession order. Your landlord doing it themselves would be illegal eviction.

Frequently asked questions

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Can I ignore a possession order?

No, a possession order is a court order and must be complied with. If you don't leave by the specified date, the landlord can apply for a warrant of possession, and bailiffs will carry out the eviction. Ignoring the order makes your situation significantly worse.
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Can a possession order be overturned?

In limited circumstances, you can apply to the court to set aside or vary a possession order, for example, if you weren't properly notified of the hearing or if your circumstances have changed significantly. Seek legal advice immediately if you want to challenge an order.
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Will a possession order affect my ability to rent in the future?

A possession order itself doesn't appear on your credit file, but if the landlord also obtained a money judgment for rent arrears, that may show up. Future landlords may ask about your tenancy history during tenant referencing, and a previous eviction could make it harder to pass checks.
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