Suspended possession order: what it means and what happens next

Did you attend a possession hearing where the court did not order you to leave at once? It may have made a suspended possession order instead. This is common in rent arrears cases. Here is what a suspended possession order is, what it asks of you, and what happens if the conditions are broken.

What is a suspended possession order?

A suspended possession order (also called a postponed possession order) is a court order that:

1. Grants the landlord possession of the property in principle
2. But suspends that possession on conditions, usually that you pay the current rent plus a specified amount towards the arrears each week or month

As long as you keep to the conditions, you can stay in the property. The order does not bite, and you do not have to move out.

What conditions are usually attached?

The most common conditions are:

• Pay the current rent on time, if your rent is weekly or monthly, you must pay it in full by the due date
• Pay an additional amount towards the arrears, for example, £10 or £20 a week on top of rent
• Combined total, the order will state the exact amount you must pay each period and when

The court sets the amount, usually after hearing from both sides. If you think it is too high for your budget, say so to the judge at the hearing, or apply later to vary the order.

How long does a suspended order last?

A suspended possession order usually stays in force until the arrears are paid off. Once they are cleared, the arrears condition is met. Some orders have a set end date; others do not.

What if you cannot meet the conditions?

Fall behind with the payments in the order, even by one, and the landlord can ask the court to lift the suspension and enforce the order. This is called a warrant for possession.

If the landlord applies for a warrant, you will usually receive notice. At that point you can:

• Apply to the court to suspend the warrant, if you have a reason for the slip and can show you can keep up from now on
• Ask for a hearing before the bailiff attends

Courts do not lift suspensions without giving you a chance to respond. But repeated breaches make a further suspension harder to get.

Can the order be varied?

Yes. If your circumstances change, say your income drops through illness or a benefits change, you can apply to the court to vary the order. You would need to explain your new position and offer a realistic new payment plan.

You can also apply to vary the order if the original terms were set without you being able to fully explain your finances at the hearing.

Does a suspended possession order go on a credit file?

A possession order is separate from any judgment for the debt itself. It sits on court records, but it does not automatically show on a credit file the way a county court money judgment does. If there is also a money judgment for the arrears, that may show on your credit record.

Disrepair and possession proceedings

Your arrears may have built up partly because of poor conditions: extra heating costs, rooms you could not use, belongings damaged. If so, this can be raised as a disrepair counterclaim.

If the compensation the court orders for disrepair is more than the arrears, the debt to the landlord may shrink or vanish. Raise the disrepair at the original hearing if you can. Even after a suspended order is made, a separate disrepair claim can still go ahead.

When should I contact Support for Tenants?

If you are subject to a possession order and your home has disrepair, call us on 0800 030 4669. A disrepair claim may reduce what you owe.

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 85, Housing Act 1985 (extended discretion in possession) (legislation.gov.uk)
• Civil Procedure Rules, Part 55 (possession claims) (justice.gov.uk)

Related articles

• A bailiff is coming, what to do after a possession order
• Defending Section 8 Ground 8 rent arrears
• Section 8 grounds explained
• Help with rent arrears and housing benefit