Court order

A court order is a formal legal instrument issued by a court that imposes a binding legal obligation on one or more parties. In private renting, court orders arise most commonly in possession proceedings, where a landlord seeks to recover a property, but also in claims for unpaid rent, injunctions, and enforcement actions. A court order may result from a contested hearing, or it may be a consent order agreed between the parties and sealed by the court.

Under Section 1 of the Protection from Eviction Act 1977, a landlord cannot lawfully evict a residential occupier without first obtaining a court order. Attempting to remove a tenant by changing locks, removing belongings, or cutting off utilities without a court order is a criminal offence. The requirement for a court order is absolute: it applies regardless of the ground for possession, the level of arrears, or the conduct of the tenant.

Types of court order relevant to landlords

A possession order is the court's instruction that the tenant must give up occupation of the property by a specified date. Two forms are available under Section 8 of the Housing Act 1988 (the only route to possession in England following the abolition of Section 21 on 1 May 2026):

An outright possession order requires the tenant to vacate by a fixed date, typically 14 days after the order is made. The court can extend this by up to six weeks where leaving sooner would cause exceptional hardship. If the tenant does not vacate by the possession date, the landlord must apply separately for a warrant of possession before bailiffs can attend.

A suspended possession order allows the tenant to remain in the property provided they comply with specified conditions, most commonly a requirement to pay current rent plus an agreed sum towards arrears each month. Breach of the conditions entitles the landlord to apply for the suspension to be lifted and the warrant of possession to be issued.

A money judgment (or money order) requires the tenant to pay a specified sum, typically rent arrears, damages, or court costs. Unlike a possession order, a money judgment is a county court judgment (CCJ) and appears on the tenant's credit record. It can be sought at the same hearing as a possession claim or in separate proceedings.

A warrant of possession authorises county court bailiffs to attend the property and carry out the eviction. It is the enforcement step after a possession order, a possession order alone does not give the landlord the right to enter the property forcibly. Alternatively, a writ of possession can be transferred to the High Court for enforcement by a High Court Enforcement Officer (HCEO), which is typically faster than county court bailiff enforcement.

An injunction may be sought to compel or restrain a specific act, for example, requiring a tenant to permit access for repairs, or prohibiting serious anti-social behaviour.

The court process in outline

A landlord cannot apply to court until the relevant notice period has elapsed following service of a valid Section 8 notice. The claim is issued in the county court using Form N5 (standard possession) or online via Possession Claims Online. Court fees for a standard possession claim are in the range of £308–£355, not including legal costs. The target time from claim to hearing is eight weeks, though the actual time varies considerably depending on court workload and whether the tenant raises a defence or counterclaim.

In our experience working with landlords through the Renters' Rights Act transition, one of the most common errors is issuing a court claim before the notice period has fully expired, or using a defective notice, both of which result in the claim being struck out and the landlord having to start again from the notice stage.

Ombudsman decisions, civil penalty notices, and banning orders issued by local authorities are not court orders, though they may subsequently be enforced through the courts.

August's document management feature lets landlords store Section 8 notices, court correspondence, and possession orders by property and date, making them readily accessible if enforcement proceedings are required at short notice.

For a step-by-step guide to the possession process and realistic court timelines, see our guide to evicting tenants in arrears. Our guide to evictions in 2026 covers how the abolition of Section 21 has changed which routes to court remain available.

Frequently asked questions

Can a landlord evict a tenant without a court order?

No. Section 1 of the Protection from Eviction Act 1977 makes it a criminal offence to deprive a residential occupier of their home without a court order. This applies regardless of the amount of rent owed, any breach of the tenancy agreement, or the landlord's intentions. A landlord who changes locks, removes belongings, or disconnects utilities to force a tenant to leave without going through the court process is committing an illegal eviction and may face prosecution and civil liability.

What is the difference between a possession order and a warrant of possession?

A possession order is the court's instruction that the tenant must vacate by a specified date. It does not by itself allow the landlord to enter the property and remove the tenant. If the tenant does not leave by the possession date, the landlord must apply for a warrant of possession, which authorises county court bailiffs (or a High Court Enforcement Officer if the matter is transferred) to attend and carry out the eviction. The warrant is the enforcement mechanism; the possession order is the underlying court decision.

What is the difference between an outright and suspended possession order?

An outright possession order requires the tenant to vacate by a fixed date, typically 14 days after it is made. A suspended possession order allows the tenant to remain provided they meet specific conditions, usually paying current rent plus a monthly amount towards arrears. If the tenant breaches the conditions, the landlord can apply to lift the suspension and proceed to enforcement without a new hearing. Courts may only make a suspended order where a discretionary ground for possession has been used; mandatory grounds require an outright order.

Does a possession order affect a tenant's credit rating?

A possession order alone does not appear on a credit record and does not constitute a county court judgment (CCJ). A money judgment, sought separately to recover unpaid rent or damages, does register as a CCJ and will appear on the tenant's credit record for six years, unless it is paid in full within 30 days of the judgment date.