Tenancy status following possession proceedings
The status of a tenant is retained until the possession order is enforced and eviction takes place.
If the court has dismissed the landlord's claim for possession, the occupier's status remains the same as it was before the hearing. However, the landlord may be able to issue fresh possession proceedings at some stage in the future.
If the court has adjourned the claim for possession, the occupier's status remains unchanged. However, if the occupier fails to comply with any terms of the adjournment, this is likely to be a factor that will be taken into account should the landlord go back to court to ask for a possession order in the future.
Possession order – outright, postponed or suspended
An assured, assured shorthold, secure, introductory or demoted tenant retains their status as a tenant until such time as the possession order is enforced and actual eviction takes place – regardless of whether the possession order is outright or postponed or suspended. If the tenant leaves after the order but without waiting to be evicted, it can be argued that there has been an implied surrender of the tenancy. However, tenants in this situation are advised to agree a leaving date (preferably in writing) with the landlord or give notice so that this cannot be disputed by the landlord.
Last updated: 12 January 2021