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A bailiff is coming: what to do after a possession order is made

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A notice saying a court bailiff is coming to evict you is frightening. Here is what happens between the possession order and the bailiff's knock, and the

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A notice saying a court bailiff is coming to evict you is frightening. Here is what happens between the possession order and the bailiff's knock, and the options left to stop or delay it.

The short answer

You still hold legal rights after a possession order. The single most important thing: act at once. Options shrink as the date nears.

Key facts

The possession order and what it actually says

A standard possession order is usually one of three types:

An outright possession order sets a leave-by date, often 14 or 28 days from the hearing. Stay past it, and the landlord can apply for a warrant of possession.

A suspended possession order lets you stay on conditions, usually rent plus a set amount off the arrears. Break them, and the landlord can activate the warrant without another hearing.

A warrant of possession follows once the order deadline passes. The court sends you the eviction date. The gap between notice and bailiff is typically 14 days, sometimes as little as 7.

What you can do after the order but before the bailiff comes

Option 1: Apply to suspend the warrant.

Ask the court to suspend, pause, the warrant using Form N244, with a fee or fee remission if you cannot pay. A hearing usually gets listed fast. There you must show the judge a real plan: catching up the arrears, keeping up future payments.

Courts grant suspensions where they believe the tenant can manage the payments. It is the most used route, worth pursuing even at short notice.

Option 2: Apply to set aside the possession order.

A flawed original hearing, papers never properly served, notice never received, errors in the proceedings, can ground an application to set the order aside entirely. Harder than a suspension, but possible on genuine procedural grounds.

Option 3: Apply for a stay from the Court of Appeal.

Rare, and usually only where the notice or procedure itself faces legal challenge. It needs urgent legal advice.

Option 4: Apply to the council as homeless.

About to be evicted? Approach the council's housing team as homeless, as early as possible, never on eviction day itself. The council need not house you on the spot, but it must assess your need. With children or a health condition, this matters even more.

Option 5: Negotiate directly with your landlord.

An arrears eviction can sometimes be talked down: landlords do withdraw warrants when arrears clear or a payment plan lands. Get any agreement in writing.

The disrepair angle

A home left in disrepair, damp, mould, broken heating, structural trouble, while the landlord evicts you may ground a counterclaim. It runs inside the same possession proceedings. It does not stop them, but compensation set against arrears can change what you owe.

Evicted, you believe, for complaining about repairs? That may be retaliatory eviction, a defence under the Deregulation Act 2015.

What bailiffs can and cannot do

Court bailiffs cannot force entry to a home without a warrant of possession. They knock and announce themselves. They cannot bin your belongings on the day: you may collect your possessions, and where you cannot carry everything, ask the bailiff to note it.

Locks changed while you were out, with no bailiff present? That may be an illegal eviction.

Bailiff arriving today, and nothing yet done? Ring:

  • Shelter's housing helpline: 0808 800 4444 (freephone, available evenings)
  • Your local county court duty solicitor scheme, courts have duty solicitors available at possession hearings, though not always at warrant-execution level

When should I contact Support for Tenants?

Facing eviction from a home your landlord left in disrepair? Call us on 0800 030 4669. A counterclaim may cut what you owe, or bring compensation for the conditions you lived in.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

Last updated15 June 2026
Reading time3 min read
Listening time5 min listen

We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.

By: Support for Tenants

Published:

~3 min read

Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.

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