Court orders at a possession hearing

When a notice seeking possession expires, the landlord can apply to the County Court. The court sets the date for the possession hearing when it receives the landlord's claim form.

The court makes an order at the hearing. The court might decide to:

• make a suspended possession order

• adjourn the claim to a fixed date or generally on terms

• make an outright possession order

• dismiss or strike out the possession claim

The court's options depend on whether the claim was brought on mandatory or discretionary grounds. For example, the court can only make a suspended possession order on discretionary grounds. Find out more about grounds for possession.

The court could also make a money judgment or costs order.

A landlord might include other claims, for example to demote a social housing tenancy where the tenant has engaged in antisocial behaviour. Find out more about demoted tenancies.

Tenant's defence to a possession claim

A defence to a possession claim can prevent a landlord from gaining possession.

Find out more about tenant defences.

A tenant might be able to apply to set aside a possession order if they were not able to defend the claim. For example, if they did not receive the claim form or they were not able to attend the hearing for a good reason.

Find out more about a tenant's application to set aside a possession order.

Delays in receiving a possession order

The court sends the possession order by post. This could take a few weeks.

The order usually takes effect before it arrives in the post. For example, the terms of a suspended order or adjournment are set and the tenant must comply with them.

The court can send the order more quickly where it is aware the tenant needs the order to make a homeless application. This usually means the tenant receives the order in a few days.

Section 21 accelerated possession procedure

Where a landlord issues a possession claim based on a section 21 notice under the accelerated possession procedure, the court can make an order without a court hearing.

Find out more about the section 21 possession process.

Where the landlord issues a possession claim on a discretionary ground, the court can make a suspended possession order. The court must be satisfied the ground has been met and it is reasonable to make an order.[1] It cannot make a suspended order on a mandatory ground.

When the court makes a suspended possession order, the court sets a date for possession but suspends enforcement for as long as the tenant keeps to the terms set out in the order. The terms should be realistic and sustainable.

The landlord can restart the current possession proceedings if the tenant breaches the terms.

Terms in rent arrears possession claims

For claims on rent arrears grounds, the suspended order must include terms for payment of the current rent and arrears by the tenant unless this would cause exceptional hardship.[2]

There is no minimum amount for repayment of arrears. The courts often refer to the standard deduction for legacy benefit claimants when setting weekly repayments. This is five percent of the personal allowance. Find out more about the personal allowance on Gov.uk.

Terms in possession claims other than rent arrears

In claims not for rent arrears, the court can set any terms it thinks appropriate.

For example, for antisocial behaviour claims the court might include a term that the tenant must stop playing loud music. In serious antisocial behaviour cases, the court should only make a suspended order when:

• the circumstances are exceptional

• there is evidence to demonstrate that the conduct has stopped

• the court is satisfied the conduct will not be repeated in the future

The landlord is entitled to possession unless the court has evidence demonstrating real hope that an individual will change their behaviour in future.[3]

If the tenant breaches the terms

The landlord can apply to court immediately for a warrant of possession if the tenant breaches the terms of a suspended possession order. There does not have to be another court hearing.

Find out more about warrants of possession.

When a tenant can apply to change the terms

The tenant can apply to court to vary the terms of a suspended order. For example, when they cannot afford the repayments. This might be because their circumstances changed or they did not attend the hearing to give evidence.

Find out more about an application to vary an order.

If the tenant had a chance to challenge the terms of the order at the hearing, they must appeal the judge's decision.

Find out more about a tenant's appeal of a possession order.

When a suspended possession order is discharged

A suspended order might include a term that the order is automatically discharged on a certain date or when a specific event has occurred. For example, when the tenant pays all the arrears. This is called a proleptic discharge provision.

Where the suspended possession order does not contain this term, the landlord can enforce it at any point, including after the tenant pays the arrears. The tenant can apply to court to discharge the order.

Find out more about discharging a possession order.

Postponed possession order

A postponed possession order is the same as a suspended order, except the court does not set a date for possession on a postponed order.

If the tenant breaches a term of the postponed order and the landlord wants to resume possession proceedings, the landlord must give the tenant notice they intend to apply to court to fix a date for possession. The landlord cannot obtain a warrant of possession until the court has set a possession date.

The court decides whether to fix a possession date with or without a court hearing. When the possession date expires the landlord can apply to court for a warrant of possession.

Find out more about a warrant of possession.

The court can adjourn a possession claim to allow more time to deal with the claim. An adjournment means the hearing is postponed. The court sets a date for the landlord and tenant to come back to court.

The new date is not usually set at the possession hearing. The judge makes a request to the court that the matter is to be relisted on 'the first open date after xx days'. The court office sets the date and sends this to the parties.

Why the court might adjourn to a fixed date

Some tenants cannot obtain advice until just before a hearing. They might ask for an adjournment at the initial hearing to get full legal advice.

The court might adjourn to a fixed date because it does not have all the information to decide the case. For example, there might be an outstanding benefit claim in a rent arrears case.

The court might adjourn to a fixed date to allow the tenant to:

• file a defence or counterclaim

• complete benefits claim

• get detailed legal advice about their defence

Adjourn to a fixed date on discretionary ground claims

The court has the power to adjourn a discretionary ground claim for such a period as it thinks appropriate.[4]

Adjourn to a fixed date on mandatory ground or section 21 claims

The court has a general power to adjourn a claim at any point before it is satisfied the landlord is entitled to possession on a mandatory ground or on section 21.[5] For example, the court could adjourn on the day of the hearing because a party cannot attend or the tenant has an arguable defence.

The court can adjourn the claim for case management directions if the tenant has filed a defence before the hearing. The court could also adjourn to allow the tenant more time to file a defence before it is satisfied the landlord is entitled to possession.

The court has no power to adjourn proceedings once it is satisfied the landlord is entitled to possession.[6]

Directions for a trial

When the court adjourns, it can give directions for the landlord and the tenant. Directions tell the parties what they need to do next.

The court usually gives directions when it needs more evidence to make a decision about a case, or where the tenant has a substantive defence.[7]

Terms to the adjournment

The court might set terms when they adjourn to a fixed date. For example, the terms might be that the tenant pays their rent plus an amount towards their arrears each week.

When the case returns to court, the court might agree to adjourn generally if the tenant has kept to the terms.

Where the claim was brought on discretionary grounds, the court can adjourn the claim generally on terms. For example, the terms might be that the tenant pays their rent plus a specified amount towards the arrears. The claim is delayed indefinitely as long as the tenant keeps to the terms.

The court might adjourn on terms where the tenant has reduced their arrears before the hearing or cooperated with the landlord. An adjournment allows the tenant to show they can make payments or comply with other conditions.

The court usually sets an end date to the adjournment. The claim is dismissed if proceedings have not been restored before this date.

Tenant fails to keep to adjournment terms

The landlord can apply to reinstate the possession claim if the tenant fails to keep to the terms of the adjournment. This is called a liberty to restore.

A new hearing is listed when the landlord applies for the claim to be restored. The court sends the tenant notice of the hearing.

An outright possession order means that the court grants the landlord possession. The court sets a date for possession on the order.

The tenant does not have to leave on the date for possession given in the order. The landlord can apply to court for a warrant of possession to evict the tenant once the date for possession has passed. The warrant sets a date and time the tenant must leave the property.

Find out more about warrants of possession.

Outright order on mandatory grounds or section 21

The court must make an outright possession order if it is satisfied a mandatory ground is proven or the landlord uses a valid section 21 notice. An outright order on mandatory grounds must state it is made on mandatory grounds.

The court must set the date for possession no later than 14 days after the date the order is made. If this would cause exceptional hardship to the tenant, possession can be postponed for up to 42 days.[8]

The court cannot postpone the date for possession beyond 42 days in any circumstances.

Outright order on discretionary grounds

The court can make an outright order on a discretionary ground if it is satisfied the ground is proven and it is reasonable to make an outright order.

The court has discretion to decide the date for possession.

Where an outright order was made on a discretionary ground, the tenant can apply to vary it to a suspended order. A tenant might do this when the outright order was made on a rent arrears ground and they can afford to repay the arrears.

Find out more about varying a possession order.

When a court dismisses or strikes out a possession claim, it means the claim cannot proceed and the landlord is not given possession of the property. A landlord must start a new possession claim to evict the tenant. The notice seeking possession the landlord relies on must still be valid when they start the new claim or they can serve a new notice.

When the court dismisses or strikes out a claim it is a final order. The landlord can apply to set aside the order within 14 days if they have grounds.[9]

The court might make a costs order against the landlord.

When the court can dismiss a claim

The court can dismiss a claim if it is not satisfied that the landlord has proved a ground for possession. Where the landlord seeks possession on a discretionary ground, the court can dismiss the claim if it is not satisfied it is reasonable to grant possession.

The court dismisses a claim after it has heard some evidence.

When the court can strike out a claim

The court might strike out the claim if the landlord does not attend the hearing, the claim papers are seriously defective, or the claim has no merit.

A court strikes out a claim before it hears evidence.

Social landlord seeks possession for rent arrears

The court can dismiss or strike out a claim if a social landlord has not complied with the pre-action protocol for rent arrears possession claims.

The landlord must have sought possession using a discretionary rent arrears ground. For example, a housing association uses grounds 10 and 11 to seek possession of an assured tenancy.

Find out more about rent arrears possession.

A money judgment is a court order for the payment of a debt.

When seeking possession, the landlord can ask the court to make a money judgment for any money owed by the tenant. For example, rent arrears or court costs. A landlord usually asks for a money judgment for rent arrears claims.

The landlord can enforce the money judgment in the same way as any other County Court money claim. For example, by a court bailiffs warrant to take control of the tenant's goods.

Where the court makes a suspended or postponed possession order, a money judgment granted at the same time is normally suspended on the same terms. If the possession order is enforced, the landlord can enforce the money judgment without needing to go to court again.

Find out more about money judgments in possession proceedings.

The costs of a possession claim can include the court fee for issuing the claim and legal costs, such as solicitor fees.

The court can make a costs order to order that one party should pay the other party's legal costs. The court usually orders the tenant to pay some or all of the landlord's costs if it makes a possession order.

The court sets terms for payments of the costs. Where a suspended possession order is made on rent arrears terms, the payment of costs is suspended on the same terms.

The tenant is not usually ordered to pay costs if the claim is dismissed.

How much the tenant can be ordered to pay

In some cases the landlord is limited to fixed costs from the tenant. For example, in rent possession cases where the tenant has not defended the claim.

Some tenancy agreements allow the landlord to claim costs reasonably incurred in legal action. This can override the rules about fixed costs.

Find out more about costs in possession proceedings.