Evicting tenants in England
Eviction notices and bailiffs
You can ask the court for a ‘warrant for possession’ if your tenants:
- do not leave the property by the date given in an 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 can evict your tenants if they do not leave by this date.
You can apply for a warrant of possession up to 6 years after a possession order is made.
How to apply for a warrant
You can apply for a warrant for possession using either:
- form N325
- the Possession Claim Online service - as long as you used it to issue the original order for possession
It costs £130.
When a warrant is issued
You’ll be sent a warrant number by the court.
You’ll also be sent an EX96 ‘notice of appointment’ form to tell you the date of the eviction.
You must fill in the form and return it to the court to confirm the eviction. Otherwise, the eviction will be cancelled.
If you transfer the warrant to the High Court
You can get a ‘writ of possession’ if you transfer the warrant from the county court to the High Court. This means a High Court enforcement officer can evict your tenants. You might get a faster eviction this way.
Before you transfer, you’ll need to apply for permission from the county court if you do not already have it. It costs £71.
Delaying eviction
Your tenants can ask a judge to ‘suspend’ the warrant for possession at a new hearing. The judge could delay the eviction or let your tenants stay in your property if they can make payments again.
Changing payments
If your tenants’ circumstances change, they can ask a judge at a new hearing to change what they pay.