A suspended possession order is a lifeline for tenants facing eviction, offering a chance to stay in their home if they follow specific conditions set by the court. Whether it’s clearing rent arrears or addressing other tenancy breaches, this legal agreement provides a middle ground between landlords and tenants. In this guide, we’ll explain how suspended possession orders work, what happens if you break the terms, and how long they last.
Suspended possession order explained
A suspended possession order is a legal tool often granted by the court when a landlord seeks to evict a tenant. Unlike outright eviction, a suspended possession order allows the tenant to remain in the property as long as they meet certain conditions.
Common conditions include:
Paying rent arrears: Tenants may be required to pay off their outstanding rent in regular instalments.
Complying with tenancy terms: Tenants must not breach other terms of the tenancy agreement, such as causing damage to the property or engaging in antisocial behaviour.
Suspended possession orders are often used as a compromise. They give tenants a chance to resolve their financial or behavioural issues while ensuring landlords have a legal route to possession if the terms are broken.
Is a suspended order different to a postponed order?
Although they sound similar, suspended possession orders and postponed possession orders have distinct differences:
Suspended possession orders: Tenants can stay in the property as long as they meet the conditions set by the court. If they fail to comply, the landlord can apply to the court to enforce the eviction.
Postponed possession orders: The court gives a set date for possession but allows the tenant to avoid eviction if certain actions are taken before the deadline (e.g. paying all arrears). Unlike suspended orders, postponed orders often include a clear possession date.
Both types of orders aim to provide tenants with a chance to remedy the situation while protecting landlords’ rights. However, postponed orders typically have stricter timelines, whereas suspended orders focus more on ongoing compliance.
What happens if you break the terms?
If you break the conditions of a suspended possession order, your landlord can take steps to enforce the order and regain possession of the property.
Here’s what typically happens:
Landlord contacts the court: The landlord applies to the court to issue a warrant of possession.
Notice of eviction: Once the warrant is granted, the tenant will receive an eviction notice, usually giving 14 days to vacate the property.
Bailiffs may be involved: If the tenant does not leave by the date specified, bailiffs may be instructed to carry out the eviction. You can learn more in our guide to when do bailiffs get involved here.
Breaking the terms of a suspended possession order can escalate the situation quickly, so it’s vital to stick to the conditions or seek help if you’re struggling.
When does a suspended possession order expire?
A suspended possession order does not have a standard expiration date. It remains in effect for the duration of the tenancy unless the court decides otherwise.
Key scenarios include
If conditions are met: Once the tenant successfully complies with the terms (e.g. pays off all arrears), the order may become irrelevant, but it won’t automatically be removed unless formally addressed by the court.
If conditions are broken: The landlord can take action to enforce the order at any time while the tenancy is in place.
The order doesn’t expire simply because a tenant has kept up with the terms for a period of time. However, tenants who have resolved their issues can often negotiate with the court to have the order discharged. For more information, head to our guide on possession order timescales.
What happens if you repay all of your arrears?
If you repay all your arrears as outlined in the suspended possession order, you’ll typically be allowed to remain in the property. This demonstrates to the court and your landlord that you’ve fulfilled your obligations, reducing the likelihood of further action.
What you should do next
Inform your landlord: Let them know you’ve cleared the arrears and kept up with the conditions.
Request a discharge: You may apply to the court to have the order discharged, though this isn’t always necessary.
It’s important to maintain regular rent payments going forward, as falling back into arrears could lead to the order being enforced again.
FAQs
Can I be evicted with a suspended possession order?
Yes, but only if you break the conditions set out in the order. As long as you comply, you can remain in the property.
What’s the difference between a suspended and outright possession order?
A suspended possession order allows tenants to stay in the property under specific conditions, while an outright possession order requires the tenant to leave immediately (or by a set date).
Final thoughts
A suspended possession order strikes a balance between a landlord’s right to regain possession and a tenant’s opportunity to remain in their home. Understanding the terms and ensuring compliance is key to avoiding eviction.
If you’re facing a suspended possession order or have concerns about meeting its conditions, it’s important to seek legal advice from a tenant solicitor or support as soon as possible. Knowing your rights and responsibilities will help you navigate this challenging situation with confidence.
References
Possession order process from Gov.UK
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.
