Evicting tenants in England
If tenants do not follow a possession order
You can ask the court for a ‘warrant for possession’ if your tenant:
- does not leave the property by the date given in an outright order for possession
- breaks the terms of a suspended order for possession
When the court issues a warrant, it will send your tenant an eviction notice with the date they must leave your property by. A bailiff will evict your tenant 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 if your tenant did not leave the property by the date given in an outright order for possession
- form N325A if your tenant broke the terms of a suspended order for possession in relation to rent arrears or other payment of money
- form N244 if your tenant broke the terms of a suspended order for possession other than in relation to rent arrears or other payment of money
- the Possession Claim Online service 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
The court will send you a warrant number and an EX96 ‘notice of appointment’ form. The form will tell you the date of the eviction. You may also be sent a risk assessment questionnaire (form EX97a).
You’ll 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 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 tenant. 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 £123.
Delaying eviction
Your tenant can apply to suspend a warrant of possession. After they’ve applied, they can ask a judge to suspend the warrant at a new hearing.
A warrant can usually only be suspended if you gave notice using a ‘discretionary’ ground for possession.
The judge could delay the eviction or let the tenant stay in your property if they can show their circumstances have changed. For example, if they:
- can pay the rent and start repaying arrears
- stop committing antisocial behaviour
The tenant’s change of circumstances must be related to the reason the possession order was made.
Changing payments
If your tenant’s circumstances change after a suspended possession order was made, they can 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’ll 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 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 can get legal advice on how to fill out the form.