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If tenants do not follow a possession order

You can ask the court for a ‘warrant for possession’ if your tenant:  

  • does not leave the property by the date given in an outright order for possession  
  • breaks the terms of a suspended order for possession  

When the court issues a warrant, it will send your tenant an eviction notice with the date they must leave your property by. A bailiff will evict your tenant on this date if they have not left. 

You will be able to apply for a warrant of possession up to 6 years after a possession order is made. After 6 years you will need to apply to the court for permission. â¶Ä¯

How to apply for a warrant  

What you will need to do depends on what grounds you’re applying for a warrant. Use: 

  • form N325 if your tenant did not leave the property by the date given in an outright order for possession  
  • form N325A if your tenant broke the terms of a suspended order for possession  in relation to rent arrears or other payment of money
  • form N244 if your tenant broke the terms of a suspended order for possession other than in relation to rent arrears or other payment of money
  • for outright and suspended possession orders that only involve rent arrears (as long as you used it to make the original possession claim)   

It will cost £148. â¶Ä¯

When a warrant is issued  

The court will send you a warrant number and an EX96 ‘notice of appointment’ form. The form will tell you the date of the eviction. You may also be sent a risk assessment questionnaire (form EX97a). â¶Ä¯

You’ll need to fill in any forms and return them to the court to confirm you want the eviction to take place. You will need to do this at least 3 working days before the date of the eviction, otherwise it may be cancelled. â¶Ä¯

If you transfer the warrant to the High Court 

You can get a ‘writ of possession’ if you . This means a High Court enforcement officer can evict your tenant. You might get a faster eviction this way.

Before you transfer, you’ll need to apply for permission from the county court if you do not already have it. It costs £123.

Delaying eviction  

Your tenant can apply to suspend a warrant of possession. After they’ve applied, they can ask a judge to suspend the warrant at a new hearing.

A warrant can usually only be suspended if you gave notice using a ‘discretionary’ ground for possession. â¶Ä¯

The judge could delay the eviction or let the tenant stay in your property if they can show their circumstances have changed. For example, if they: 

  • can pay the rent and start repaying arrears 
  • stop committing antisocial behaviour  

The tenant’s change of circumstances must be related to the reason the possession order was made.

Changing payments  

If your tenant’s circumstances change after a suspended possession order was made, they can ask a judge at a new hearing to change what they pay.

Applying for permission after 6 years  

 If it has been more than 6 years since the possession order was made, you’ll need to apply to the court for permission to apply for a warrant of possession. â¶Ä¯â€¯

You will be able to apply for permission by using form N244 and paying the correct fee. â¶Ä¯

The fee will be £404 if you want the court to give your tenant notice. It will be £119 if you do not want the court to give your tenant notice. â¶Ä¯

You can get legal advice on how to fill out the form.