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

Receiving a notice that a court bailiff will come to your home to carry out an eviction is frightening. Here is what happens between the possession order and the bailiff's arrival, and what options you have to stop or delay the eviction in the days you have left.

The short answer

You have legal rights even after a possession order is made. The most important thing you can do is act immediately, options shrink as the eviction date approaches.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

The possession order and what it actually says

A standard possession order is usually one of three types:

An outright possession order tells you to leave by a specific date (often 14 or 28 days from the hearing). If you do not leave by that date, your landlord can apply for a warrant of possession.

A suspended possession order allows you to stay if you keep to certain conditions, usually paying rent plus a set amount off any arrears. If you break those conditions, your landlord can apply to activate the warrant without another hearing.

A warrant of possession is what the landlord applies for once the order deadline has passed. The court sends you a notice of the eviction date. The gap between receiving the notice and the bailiff visit is typically 14 days, but can be as little as 7.

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

Option 1: Apply to suspend the warrant.

You can apply to the court to suspend (put on hold) the warrant of possession using Form N244. You will need to pay a fee, or ask for fee remission if you cannot afford it. A hearing is usually listed quickly. At the hearing, you must show the judge that you have a genuine plan to comply with any conditions, usually catching up on arrears and maintaining future payments.

Courts will grant suspensions if they are satisfied the tenant can manage the payments. This is the most commonly used route and is worth pursuing even at short notice.

Option 2: Apply to set aside the possession order.

If there was a problem with the original hearing, you were not properly served, you did not receive the hearing notice, or there were errors in the proceedings, you can apply to set aside the order entirely. This is harder than a suspension but can be done where there are genuine procedural grounds.

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

This is rare and is usually only relevant where there is a legal challenge to the validity of the notice or the procedure. It requires urgent legal advice.

Option 4: Apply to the council as homeless.

If you are about to be evicted, you can approach your local authority's housing department as homeless. You should do this as soon as possible, not on the day of eviction. The council is not obliged to house you on the spot but has a duty to assess your housing need. If you have children or a health condition, this is especially important.

Option 5: Negotiate directly with your landlord.

If the eviction is for rent arrears, contact your landlord directly. Landlords sometimes agree to withdraw a warrant if arrears are cleared or a payment plan is agreed. Any agreement must be confirmed in writing.

The disrepair angle

If your home has been in disrepair, damp, mould, broken heating, structural problems, and your landlord is evicting you while those repairs remain outstanding, you may be able to counterclaim for compensation. A disrepair counterclaim can be raised in the same possession proceedings and does not stop the proceedings, but it can affect the amount you owe if the court sets off compensation against arrears.

If you believe your landlord is evicting you because you complained about repairs, this may be retaliatory eviction, which is a defence under the Deregulation Act 2015.

What bailiffs can and cannot do

Court bailiffs (not High Court enforcement officers) cannot force entry to a residential property without a warrant of possession. They will knock and announce themselves. They cannot remove your belongings on the day of the eviction, you are entitled to collect your possessions, and if you cannot take everything, you should ask the bailiff to note this.

If a locksmith changes the locks while you are away, and no bailiff was present, this may be an illegal eviction.

Emergency legal help on the day

If the bailiff is arriving today and you have not taken any steps, you can 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?

If you are facing eviction from a home where your landlord has left repairs undone, call us on 0800 030 4669. A disrepair counterclaim may reduce what you owe, or provide compensation for the conditions you have 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

• Housing Act 1988 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

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• Being evicted, what are my rights?
• Defending Section 8 Ground 8 rent arrears