Possession order

A possession order is a court order that requires a tenant to vacate a rental property by a specified date. Under the Housing Act 1988, as amended by the Renters' Rights Act 2025, a possession order is the mandatory legal step a landlord must obtain through the county court before a tenant can be compelled to leave, a landlord cannot lawfully evict a tenant without one.

Types of possession order

There are three types of possession order a county court judge can make.

An outright possession order, the most common type, requires the tenant to vacate by a date specified in the order, which must be set no later than 14 days after the order is made. If the tenant can demonstrate exceptional hardship, the court may extend this period to up to six weeks. An outright order must be made where the landlord has established a mandatory ground for possession, such as serious rent arrears meeting the Ground 8 threshold under the Renters' Rights Act 2025.

A suspended possession order allows the tenant to remain in the property, provided they comply with conditions set by the judge, most commonly, paying current rent plus an agreed instalment towards arrears. If the tenant breaches those conditions, the landlord can apply immediately for a warrant of possession without returning to a full hearing. A suspended order can only be made on a discretionary ground.

A postponed possession order is similar to a suspended order but does not include a fixed date for possession. If the tenant breaches the terms, the landlord must apply to the court for a possession date before seeking a warrant.

When a landlord can apply

A landlord cannot apply for a possession order unless a valid Section 8 notice has been served and the required notice period has elapsed. Since 1 May 2026, the Section 21 no-fault notice has been abolished for private residential tenancies in England by the Renters' Rights Act 2025. All possession claims in the private rented sector must now proceed under Section 8 of the Housing Act 1988, using one or more of the statutory grounds for possession set out in Schedule 2 of that Act.

The landlord applies to the county court using form N5 (claim for possession of property) and form N119 (particulars of claim). The court fee for a possession claim is currently £391. Once issued, the court will list a possession hearing, typically within eight weeks of the claim date. For a step-by-step guide to the Section 8 process, the grounds available post-May 2026, and how to prepare your evidence, see the August guide to grounds for possession.

How long does a possession order take?

From notice to order, the timeline depends on the type of claim and whether the tenant defends. As a general guide: the Section 8 notice period is a minimum of two weeks for rent arrears under Ground 8, rising to four months for grounds such as landlord occupation or sale. Once the court claim is issued, the possession hearing is typically listed within eight weeks. Where the tenant does not defend and vacates voluntarily, no order is needed. Where the claim proceeds to a hearing, the order is usually granted on the day if the ground is established.

From working with self-managing landlords across the UK, contested possession hearings are consistently the largest source of delay. Landlords with a well-maintained rent record, documented correspondence, and correctly served notices are significantly better placed to establish their ground at first hearing, avoiding adjournments.

What happens after a possession order is granted?

Once a court grants an outright possession order, the tenant must leave by the date stated in the order. The order date is not the same as an eviction date: if the tenant does not leave voluntarily, the landlord must take a further step.

If the tenant does not leave by the date in the order, the landlord's next step is applying for a warrant of possession, a process covered in detail in the August guide to evictions in 2026. A warrant, obtained by completing form N325 and paying the court fee, instructs county court bailiffs to attend the property and carry out the physical eviction. Bailiffs must give the tenant at least 14 days' notice of the eviction date. A landlord who attempts to remove a tenant or change the locks without following this process commits the criminal offence of unlawful eviction under section 1 of the Protection from Eviction Act 1977.

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

No. A possession order is not a county court judgment (CCJ) and does not appear on a tenant's credit file. Where arrears are also owed, the landlord may apply for a separate money judgment alongside the possession order. A money judgment is a CCJ and will affect the tenant's credit rating. The two orders are distinct, and landlords should be clear about which they are applying for.

Statutory context

Possession proceedings in the private rented sector in England are governed primarily by sections 7 and 8 of the Housing Act 1988. Schedule 2 of that Act sets out the grounds on which a court may grant possession, distinguishing between mandatory grounds, where the court must grant possession if the ground is proved, and discretionary grounds, where the court decides whether it is reasonable to grant possession in all the circumstances. The Renters' Rights Act 2025 amended the Housing Act 1988 to remove Section 21, raise the mandatory threshold for Ground 8 arrears to three months' rent, and introduce new grounds including persistent arrears (Ground 8A) and domestic abuse perpetrator ground. Where arrears are at or above the mandatory threshold under the Renters' Rights Act 2025, the court must grant possession, for a full breakdown of how those thresholds work, see the August guide to rent arrears.

The official government guidance on possession hearings and orders is published at gov.uk/evicting-tenants/possession-hearings-and-orders.

Frequently asked questions

What is the difference between a possession order and an eviction notice? 

An eviction notice, such as a Section 8 notice, is a formal document served by the landlord on the tenant, informing them that the landlord intends to seek possession and stating the legal grounds. It does not itself require the tenant to leave. A possession order is the court's decision, made after the landlord has applied to the county court, that requires the tenant to vacate. The notice comes first; the possession order follows if the tenant does not leave once the notice period expires.

Can a possession order be stopped or set aside? 

A tenant can apply to the court to set aside a possession order if, for example, there was a procedural error in how the claim was served, if new evidence is available, or if the tenant was unable to attend the hearing without a good reason. Where the order was made on a discretionary ground, the court has more flexibility to vary the terms. A tenant who believes an order was made in error should seek legal advice promptly, the window to apply to set aside is typically 14 days from the date of the order.

What happens if a tenant ignores a possession order? 

If a tenant remains in the property after the date specified in an outright possession order, the landlord applies for a warrant of possession using form N325. County court bailiffs are then appointed and will give the tenant at least 14 days' notice of the eviction date. The landlord must not change the locks, remove the tenant's belongings, or take any steps to physically remove the tenant, doing so is a criminal offence regardless of whether a valid possession order exists.

All statutory references reflect the law in England as of 1 May 2026. The Renters' Rights Act 2025 abolished Section 21 notices for private residential tenants from that date. Landlords in Wales should note that possession proceedings are governed by the Renting Homes (Wales) Act 2016, which operates a different framework.