Changing a possession order
Suspending an outright order
The court usually makes an outright order in these situations:
you do not go to the hearing
a judge thinks it is reasonable to make an outright order
a judge has no choice about making a outright order
You cannot change an outright order if the judge had to make the order.
For example, if your landlord either:
gave you a valid section 21 notice
proved a 'mandatory ground' at the hearing - for example, ground 8
When the court can suspend an outright order
You can only ask the court to suspend the order if it is made on a 'discretionary ground'.
For example:
ground 1 - rent arrears for secure tenants
grounds 10 or 11 - rent arrears for assured or assured shorthold tenants
You need to have information that could make it reasonable to suspend the order. This must be new evidence that the court has not seen or heard before.
Find out what to write on the court form.
Example: Suspending an outright order on rent repayment terms
Amy was in hospital for a few months.
Her benefits stopped and she could not pay her rent.
Amy's housing association went to court because of her rent arrears. They used discretionary grounds 10 and 11. This means the court can suspend the possession order.
Amy did not get the court letters because she was in hospital. She missed the hearing.
The court made an outright possession order.
Last week Amy left hospital. She found the court letters and possession order at her flat.
She contacted the housing association. She has now applied for pension credit and housing benefit. She can start to pay off her rent arrears in regular monthly payments.
Amy can ask the court to suspend the order on repayment terms that she can afford.
Section 21 possession orders
You can sometimes get the possession order cancelled. For example, if both:
the section 21 notice is not valid
you missed your hearing for a very good reason, such as a sudden or serious illness
Find out about challenging a section 21 notice in court.
Ground 8 for serious rent arrears
The court cannot change a possession order that was made on ground 8, even if you can pay off the arrears. Ground 8 is an example of a 'mandatory ground'.
The court has to make an outright possession order if you owe at least 2 months' rent:
when you got your landlord's notice
at the possession hearing
Both private landlords and housing associations could use this ground.
You could ask a housing association not to apply for bailiffs if you can start paying back arrears. Find out more about asking a housing association to cancel the eviction.
The court cannot stop the bailiffs if your landlord used ground 8 on the notice.
Find out what happens if the eviction goes ahead.
Last updated: 16 September 2024
