Possession order: how long do you have to leave?

If a court has made a possession order against you, you will need to leave the property by a specific date. Here is what the different types of possession order mean, how long you typically have to leave, and what your options are if you cannot go by the deadline.

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

What is a possession order?

A possession order is a court order requiring you to give up possession of your home. It can only be made after your landlord has gone through the court process, they cannot simply demand you leave or change the locks.

There are several types of possession order, each with different timescales.

Outright possession order

An outright (or absolute) possession order requires you to leave by a fixed date. The landlord applies for this when they are confident they will succeed and there is no reason for the court to suspend the order. You typically have 14 or 28 days to vacate. In some cases the court may give longer if you have a strong case for needing more time.

Suspended possession order

A suspended possession order allows you to stay in your home, but on conditions, usually that you pay the current rent plus an amount each week or month toward any rent arrears. If you keep to those conditions, you do not have to leave. If you break the conditions, the landlord can apply for a warrant of possession without going back to a full hearing.

Postponed possession order

A postponed order delays the possession date until the landlord takes a further step (usually applying to the court to set a possession date). This is sometimes used where there is uncertainty about when the tenant should leave.

Standard notice period in a possession order

In most cases, the court gives you at least 14 days' notice. However:

• In cases involving serious rent arrears, the court may give only 14 days
• In cases involving domestic abuse, antisocial behaviour, or serious criminal conduct, the court can in some cases order possession with immediate effect or a very short period
• If you are on a fixed-term tenancy that has not yet expired, the date given may be later

Since the temporary changes to court rules during 2020-2021 (which gave extended notice periods during the pandemic), the standard rules have reverted to their pre-pandemic state.

What if you cannot leave by the date in the order?

If you cannot leave by the date in the possession order, you have a few options:

Apply to suspend or stay the order

If you have a reason why you should be given more time, for example, you are actively looking for housing, you have children in school exams, or your health has deteriorated, you can apply to the court to suspend or stay the possession order. You will need to explain your circumstances to the judge. There is no guarantee the court will agree, but it is worth applying if you have genuine reasons.

Apply to suspend a warrant of possession

If the landlord has already applied for a warrant of possession (the next step after an order, which authorises bailiffs to attend), you can apply to suspend the warrant. Do this as quickly as possible, ideally before the bailiff visit. Form N244 is used for this application.

Make a homeless application to the council

If you are unable to secure alternative housing in time, you can make a homeless application to your local council. Being subject to a possession order can make you threatened with homelessness, which triggers the council's duty to help.

What happens on the day bailiffs attend?

Court bailiffs will attend on the day specified in the warrant. You must leave by the time they arrive. If you do not leave, they will remove you. They can use reasonable force to carry out the eviction.

Only court-appointed bailiffs can carry out an eviction, your landlord cannot come in person and remove you without a warrant.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your home has disrepair and this has been part of the background to your situation, we may be able to help, and in some cases, a disrepair defence may be relevant to possession proceedings.

Call us on 0800 030 4669. 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

• Section 89, Housing Act 1980 (postponement of possession orders) (legislation.gov.uk)
• Civil Procedure Rules, Part 55 (possession claims) (justice.gov.uk)