What is a possession order?

A possession order is a type of court order.

Your landlord applies for a possession order if they want you to leave your home.

A judge can make an order at a possession hearing.

There are 2 types of possession order:

• an outright order - this sets a 'date for possession'

• a suspended order - this lets you stay in your home if you keep to conditions 

Your landlord can apply for bailiffs if you do not leave by the date on an outright order or if you break the suspended order.

This advice is for tenants. Read this instead if you have mortgage arrears.

Section 21 notices and possession orders

The court must make an outright order if your landlord gives you a valid section 21 notice.

There might not be a hearing if your landlord uses the section 21 accelerated procedure.

Find out if you can challenge a section 21 notice in court.

Possession orders for rent arrears

Sometimes the court has to make an outright order if you have rent arrears. But in some situations the court can make a suspended order.

It depends on your tenancy type and the 'ground for possession' your landlord uses.

Grounds for possession are legal reasons your landlord uses to evict you.

Find out more about possession orders if you're a:

• private tenant with a section 8 notice

• council or housing association tenant with rent arrears

Outright possession orders

An outright order sets a date for possession. It's not the same as an eviction date.

The possession date is often 2 weeks after the order is made.

You can ask the court to delay the possession date for up to 6 weeks if leaving earlier would cause you hardship. For example, if you're ill or have young children.

If you stay past the possession date, your landlord can apply for court bailiffs to evict you.

Suspended possession orders

A suspended order lets you to stay in your home as long as you keep to conditions.

The conditions are explained on the order. For example, you might be told to pay your rent plus a set amount towards your arrears each month.

The court can only make a suspended order if your landlord uses a discretionary ground.

A discretionary ground means the judge can:

• decide if it's reasonable to make a possession order

• choose to suspend the possession order as long as you stick to the conditions

When you can be evicted

Your landlord can apply for a bailiffs warrant if you:

• stay past the date on an outright order

• break the conditions in a suspended order

The bailiffs must give you at least 2 weeks' notice of the eviction date.

Sometimes you can stop an eviction. This is usually only possible if your landlord used a discretionary ground. 

The court cannot usually stop an eviction if your landlord uses the section 21 process.

Find out what happens on the day of an eviction.

Is a possession order a CCJ?

A possession order does not count as a county court judgment (CCJ).

It does not affect your credit rating.

If you owe rent, your landlord might also apply for a money order or judgment:

• when they apply for a possession order

• after you've left or been evicted

Mortgage lenders usually apply for a money order at the same time as a possession order.

A money order is a CCJ. It will appear on your credit report and could affect your credit rating. 

Find out about CCJs and your credit score from Citizens Advice.

Getting a possession order changed

You may be able to get a possession order changed if:

• your landlord used a discretionary ground

• you have new information for the court to consider

Discretionary grounds are legal reasons for eviction where a judge can decide if they should make a possession order or not.

You cannot usually ask the court to change a possession order with a section 21 eviction.

You might get the possession order set aside if:

• your section 21 notice is not valid

• the judge made a mistake or did not have all the information

Get legal advice before you apply to set aside a possession order.