If tenants do not follow the possession order
Source: gov.uk (2025-11-13)

This guide covers what the landlord needs to do if a tenant does not leave the property after a court order and they still want to evict them.

The Renters’ Rights Act will change laws about renting and this guidance has been published to help private rented sector landlords and agents prepare. The new rules will apply on or from 1 May 2026. For information on the current law, refer to the existing eviction notices and bailiffs guidance (https://www.gov.uk/evicting-tenants/eviction-notices-and-bailiffs).

You will be able to ask the court for a ‘warrant for possession’ if your tenants:

do not leave the property by the date given in an outright order for possession

break the terms of a suspended order for possession

When the court issues a warrant, it will send your tenants an eviction notice with the date they must leave your property by. A bailiff will evict your tenants 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.

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 (https://www.gov.uk/government/publications/form-n325-request-for-warrant-for-possession-of-land) if your tenants did not leave the property by the date given in an outright order for possession

form N325A (https://www.gov.uk/government/publications/form-n325a-request-for-warrant-for-possession-of-land-following-a-suspended-order-for-possession) if your tenants broke the terms of a suspended order for possession

the Possession Claim Online service (https://www.possessionclaim.gov.uk/pcol/) 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.

When a warrant is issued

You will be sent a warrant number by the court.

You will be sent an EX96 ‘notice of appointment’ form telling you the date of the eviction. You may also be sent a risk assessment questionnaire (EX97a).

You will 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.

If you transfer the warrant to the High Court

You will be able to get a ‘writ of possession’ if you transfer the warrant from the county court to the High Court. (https://www.hceoa.org.uk/instruct-a-hceo/i-need-advice-on-recovering-possession-of-my-house-or-land)This means a High Court enforcement officer will be able to evict your tenants.

Before you transfer, you will need to apply for permission from the county court (https://www.gov.uk/government/publications/form-n244-application-notice) if you do not already have it. It costs £123.

Delaying eviction

Your tenants will be able to ask a judge to ‘suspend’ the warrant for possession at a new hearing.

In some cases, the judge could delay the eviction or let the tenants stay in your property if they can demonstrate their circumstances have changed. For example, if they:

can pay the rent and start repaying arrears

stop committing antisocial behaviour

The possession order must have been made for the same reason listed in the change of circumstances.

A warrant can usually only be suspended if you used a discretionary ground for possession.

Changing payments

If your tenant’s circumstances change after a suspended possession order was made, they will be able to 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 will need to apply to the court for permission to apply for a warrant of possession.

You will be able to apply for permission by using Form N244 (https://www.gov.uk/government/publications/form-n244-application-notice) and paying the correct fee.

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.

You should seek legal advice (https://www.gov.uk/find-legal-advice) on how to fill out the form.

You can contact us using this form (https://submitanenquiry.communities.gov.uk/start-now) if you have any questions. If there is a technical problem with the page, you can report it at the bottom of this page.