What is a suspended possession order?

A suspended possession order is a court order that allows a tenant to remain in the property as long as they meet specific conditions, usually paying current rent plus a set amount towards arrears. If the conditions are breached, the landlord can enforce the order without returning to court.

A suspended possession order is essentially a second chance. Rather than requiring you to leave immediately, the court sets terms that let you stay if you keep to them. This is most commonly used in rent arrears cases where the court believes you can catch up over time, and is more likely when the landlord has used a discretionary ground.

The conditions are typically straightforward: pay your rent on time going forward, plus an additional monthly amount towards the arrears. As long as you meet these conditions, the possession order stays suspended and you remain in the property. If you fall behind again or breach the conditions, the landlord can apply to the court to enforce the order, often without needing a full new hearing.

If you're on a suspended possession order and your circumstances change (for example, you lose your job or become ill), you can apply to the court to vary the conditions, such as reducing the monthly arrears repayment amount. Don't simply stop paying, as the landlord will be able to enforce the order.

Frequently asked questions

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What happens if I miss a payment under a suspended order?

Your landlord can apply to the court to enforce the original possession order without starting fresh proceedings. You would then need to leave by the date specified. If you're struggling, contact the court before you miss a payment and apply to vary the conditions.
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Does a suspended possession order stay on my record?

The court record exists, but it doesn't appear on your credit file unless there's an associated money judgment for arrears. If you comply with the conditions and clear the arrears, the practical impact is limited.
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Can I get a suspended order for grounds other than rent arrears?

Yes, the court can suspend a possession order on any discretionary ground if it considers this appropriate. However, it's most commonly used for rent arrears cases. On mandatory grounds, the court must grant possession and has limited power to suspend.
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