If tenants don't leave after a possession order

Obtaining a possession order from the court is not the final step in the eviction process. If a tenant does not leave voluntarily by the date specified in the order, the landlord must apply for enforcement. This guide explains the enforcement routes available, how long they take, and what landlords must never do in the meantime. Reviewed March 2026.

What the rule is

A possession order from the county court gives the landlord a legal right to recover possession of the property from a specified date. However, it does not give the landlord the right to physically remove the tenant themselves. Enforcement must be carried out by a court-appointed officer.

If the tenant remains in the property after the possession date in the order, the landlord must apply to the court for a warrant of possession. This authorises a bailiff to attend the property, remove the occupants, and hand the property back to the landlord.

At no point — including after a possession order has been made — can a landlord:

• Change the locks while the tenant is still in occupation
• Remove or interfere with the tenant’s belongings
• Disconnect utilities or make the property uninhabitable
• Threaten or harass the tenant to leave

These actions constitute illegal eviction under the Protection from Eviction Act 1977, even where a possession order exists, and can result in criminal prosecution, unlimited fines, and civil claims for damages.

When it applies

These enforcement rules apply to all possession orders made by the county court in England, regardless of which ground the order was made on.

What landlords must do

Step 1 — Confirm the tenant has not left. After the possession date in the order, attend the property to check whether the tenant has vacated. If they have left, check the condition, retrieve the keys, and change the locks.

Step 2 — Apply for a warrant of possession (Form N325). If the tenant remains, complete form N325 (Request for Warrant of Possession of Land) and file it at the same county court that made the possession order. The current court fee for a warrant of possession is £143.

Step 3 — The court bailiff is assigned. The court will instruct a county court bailiff (also called a civil enforcement officer) to carry out the eviction. The bailiff will give the tenant advance notice of the eviction date — usually at least 7 days’ notice is given. The landlord should attend on the eviction day.

Step 4 — Eviction day. The bailiff will attend the property, serve any remaining occupants with notice to leave, and physically remove them if they do not go voluntarily. Landlords should change the locks immediately after the bailiff hands back possession.

Step 5 — Deal with abandoned belongings. If the tenant has left belongings behind, landlords have obligations under the Torts (Interference with Goods) Act 1977 before disposing of them. Written notice should be given to the tenant allowing a reasonable time to collect their possessions.

High Court enforcement — a faster route

For possession orders involving higher-value money judgments (typically arrears of over £600), landlords can apply to transfer the enforcement to the High Court and use High Court Enforcement Officers (HCEOs). HCEOs typically act faster than county court bailiffs — evictions can sometimes be carried out within days rather than weeks.

To transfer to High Court enforcement:

• Apply for permission to transfer at the county court (form N244 with a fee, or sometimes the judge can grant this at the hearing)
• Once transferred, instruct a HCEO firm

Note: HCEOs charge fees (often several hundred pounds) but these may be recoverable from the tenant as part of the judgment debt.

Timescales

From applying for a warrant to the eviction taking place:

• County court bailiff: typically 6–12 weeks, sometimes longer in busier areas
• High Court enforcement: typically 1–4 weeks once the writ of possession is issued

What evidence to keep

• Sealed copy of the possession order
• Form N325 and proof of filing
• Warrant of possession (once issued by the court)
• Record of the eviction date and bailiff’s name
• Photographs of the property immediately after eviction
• Record of any abandoned belongings and notices sent to the tenant

Common mistakes

Changing the locks before the warrant is enforced. Even with a possession order in hand, entering the property and changing the locks while the tenant is still in occupation is illegal eviction.

Attending the eviction without the bailiff. Do not attempt to remove the tenant yourself on the stated date. Wait for the bailiff to attend and carry out the eviction.

Not attending eviction day at all. Landlords should be present (or have a representative present) on eviction day to receive keys from the bailiff and immediately secure the property.

Delaying the warrant application. Some landlords wait weeks before applying for the warrant, during which time the tenant remains and rent accrues. Apply promptly once the possession date has passed.

FAQ

Can a tenant apply to suspend the warrant? Yes — a tenant can apply to the court to suspend a warrant of possession, usually on the grounds that they have started paying arrears or that eviction would cause exceptional hardship. The court can grant a suspension if it considers it appropriate, which can delay enforcement further.

What if the tenant has already left when the bailiff arrives? If the property is vacant on eviction day, the bailiff will confirm possession is handed back to the landlord. You can then secure the property. Notify the court if the tenant vacated before the warrant was enforced.

Who pays the bailiff’s costs? County court bailiff fees are recoverable as part of the judgment, but practically collecting them from an evicted tenant with arrears is often difficult. Budget for these costs as an operational expense.

What happens to belongings the tenant leaves behind? Landlords must take reasonable steps to notify the tenant and give them an opportunity to collect belongings before disposing of them. Keep a photographic record and send written notice to the last known address and email.

Can I claim for damage to the property after eviction? Yes — pursue this through the Small Claims Court (for amounts under £10,000) or the county court. Obtain repair quotes and document the damage thoroughly with photographs and a professional assessment.