A warrant of possession is a legal document that landlords can use to regain possession of a property. It's mainly used when a tenant refuses to leave after a court has issued a possession order. For landlords and tenants alike, understanding this process is essential. In this guide, we’ll explore what a warrant of possession is, when it can be issued, and the steps involved, from application to eviction day.
What is a warrant of possession?
A warrant of possession is a legal document issued by a court that lets bailiffs evict tenants from a property. It's typically the next step when a tenant fails to comply with a possession order by the deadline set by the court. The warrant gives the landlord the right to enforce the eviction process.
Key points to know:
- A warrant of possession is issued to enforce a possession order
- It is executed by county court bailiffs or, in some cases, High Court enforcement officers
- The process ensures that eviction is carried out legally and fairly
When can it be issued?
A warrant of possession can only be issued after a court grants a possession order and the tenant has failed to leave the property by the specified date. The landlord must apply for the warrant, proving that the tenant did not comply with the possession order. In general, a landlord can ask the court for a warrant of possession in two situations:
- The tenant doesn't leave after the order of possession date
- The tenant breaks the terms of a suspended order of possession
What are the steps before a warrant of possession?
Before obtaining a warrant of possession, landlords must go through specific legal steps. These steps are designed to protect the rights of both landlords and tenants and ensure that eviction is a last resort:
1. Tenant is served notice
The eviction process starts with serving the appropriate notice. This notice will specify a date for the tenant to leave the property. There are two main ways for a notice to be served:
- Form 3, Section 8 Notice: This is used when the tenant has breached the tenancy agreement, such as by failing to pay rent.
- Form 6a, Section 21 Notice: This is used to regain possession at the end of a fixed-term tenancy without providing a reason.
2. Wait for the notice period to end
Tenants must be given the required time to respond or vacate the property. For a Section 8 notice, the notice period can be as short as 14 days for rent arrears or longer for other breaches. For a Section 21 notice, landlords must provide at least two months’ notice.
3. Apply for a possession order
If the tenant doesn’t leave by the end of the notice period, the landlord can apply to the court for a possession order. The application involves completing a claim form and submitting it to the county court, along with the required fee. Depending on the circumstances, landlords may apply for an accelerated possession order (if only repossession is sought without rent arrears) or a standard possession order.
At this point, tenants can also file a defence against a notice given under section 8 of the Housing Act 1988. They will be able to challenge the validity of the notice or also claim extreme hardship to postpone possession proceedings.
💡Editor's insight: "Here's some advice for tenants - you can receive government-funded legal advice through the Housing Loss Prevention Advice Service (HLPAS). This is a free service and may help prevent the loss of your home before a possession proceeding. I'd always recommend exploring your legal options ahead of a possession order."
4. Attend the court hearing (if required)
In most cases, the court schedules a hearing where both the landlord and tenant can present their cases. For accelerated possession orders, a hearing may not be necessary, as decisions are based on the paperwork provided.
5. Receive the possession order
If the court is satisfied that the eviction is justified, it will issue a possession order, giving the tenant a specific date to vacate the property. The tenant is usually given 14-28 days to comply with the possession order.
6. Apply for a warrant of possession (if necessary)
If the tenant fails to leave by the possession order deadline, the landlord can apply for a warrant of possession, which authorises bailiffs to enforce the eviction.
How to apply to the county court for a warrant
If a tenant does not leave by the possession order deadline, landlords can escalate the matter by applying for a warrant of possession. This process involves working with the county court to authorise bailiffs to enforce the eviction.
1. Prepare Form N325
The first step is to complete Form N325, the application form for a warrant of possession. It includes essential details about the possession order, rent arrears, and the landlord’s request for bailiff enforcement. The form requires:
- Details of the possession order
- Confirmation that the tenant has failed to comply
- Any outstanding rent arrears (if applicable)
- Attach any supporting documents
- Include a copy of the possession order issued by the court. If rent arrears are involved, you must also provide evidence of the unpaid amounts.
- Pay the application fee
As of now, the fee for applying for a warrant of possession is £143. Payment can be made online or at the court, depending on how the application is submitted.
2. Submit the application
Submit Form N325 and supporting documents to the county court that issued the possession order. This can usually be done in person, by post, or online through the court’s digital system.
3. Wait for the court to process the application
Once the application is submitted, the court will process it and issue a warrant of possession. This includes setting a date for bailiffs to attend the property and carry out the eviction.
4. Receive notification of the eviction date
The court will notify both the landlord and the tenant of the scheduled eviction date. Bailiffs are responsible for executing the warrant and ensuring that the eviction is carried out lawfully.
How long does a warrant of possession take?
The timeline for issuing and executing a warrant of possession varies depending on court availability. Factors like delays in paperwork, tenant appeals, or transferring to the High Court can also affect these timelines. Typically, processing the application takes 1-2 weeks. Then the court schedules the eviction, which can take 4-6 weeks. In most cases, a tenant will receive an eviction notice with a date by which they must leave. This will usually be at least 14 days prior to the eviction date.
Transferring the warrant to the High Court
If there is a significant urgency or complication, landlords can apply to transfer the warrant to the High Court. An order for possession can only be enforced by the County Court's own bailiffs. However, the waiting list can be very long. Some landlords often opt to use a private bailiff company. To do this, the case must be transferred to the High Court - known as 'transferring up'. This process requires an additional application and fee. However, it's often faster and more efficient than relying on county court bailiffs.
Steps to transfer
- Obtain permission from the county court to transfer enforcement to the High Court
- Apply using Form N244 to request a transfer
- Await the court’s approval and pay the relevant fees
💡Editor's insight: "Private bailiffs that work under the direction of a High Court Enforcement Officer (HCEO) will enforce a Writ of Possession. A Writ of Possession is just a document that gives an HCEO legal authority to use force to gain possession of the property."
Can you apply to suspend a warrant or writ?
Yes, in some circumstances you can apply to suspend a warrant of possession. There are some common situations where it may be suspended, though you should always seek legal advice to know your standing:
- If you received a Section 21 but there was no court hearing
- If you couldn't attend the original court hearing
- If your landlord agrees to let you stay
What happens on the eviction day?
On eviction day, county court bailiffs or High Court Enforcement Officers (HCEOs) will attend the property to enforce the warrant. Landlords are usually advised to be present but should not interfere with the eviction process. The bailiffs will:
- Inform the tenant of the eviction
- Supervise the removal of belongings if necessary
- Ensure the property is returned to the landlord
FAQs
Does a possession order mean eviction?
A possession order does not automatically mean eviction. It is a court decision granting the landlord the right to regain possession of the property, but tenants may still comply voluntarily.
What is the form for a warrant of possession?
The form used to apply for a warrant of possession is Form N325, available from the county court.
How much does applying for a warrant cost?
The fee for applying for a warrant of possession is currently £143, but transferring to the High Court may incur additional costs.
Can you stop a warrant of possession?
Tenants can apply to the court to stop a warrant of possession if they can demonstrate reasons such as paying rent arrears in full or correcting a breach of the tenancy agreement.
What is a writ of possession?
Writs of possession are documents that allow a bailiff or High Court Enforcement Officer to enter your home and evict you from the property. A writ is issued by the High Court. Learn more in our full guide to when a bailiff can get involved.
Final thoughts
A warrant of possession is a key legal tool for landlords dealing with tenants who fail to comply with possession orders. While the process may seem daunting, understanding the steps, requirements, and timelines can help both landlords and tenants navigate it effectively.
If you need legal help or support, we're here to help. Our landlord and tenant solicitors can help with a wide range of legal issues. Get your free fixed fee quote today and see how we can support you.
References
- Eviction notices from Gov.UK
- Housing Act 1988