Suspended possession order: what it means and what happens next

If you attended a possession hearing and the court did not order you to leave immediately, 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 requires you to do, and what happens if the conditions are breached.

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 of the order, you can stay in the property. The order does not take effect 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 condition amount is set by the court, usually after hearing from both sides. If you believe the amount is too high for your budget, you can put this to the judge at the hearing or apply to vary the order later.

How long does a suspended order last?

A suspended possession order usually remains in force until the arrears are paid off. Once the arrears are cleared, the suspension continues but the arrears condition is satisfied. Some orders have a specific end date; others do not.

What if you cannot meet the conditions?

If you fall behind with the payments set out in the order, even by one payment, the landlord can apply to 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 breach and can show you can comply going forward)
• Ask for a hearing before the bailiff attends

Courts do not automatically lift suspensions without giving you an opportunity to respond. However, repeated breaches make it harder to get a further suspension.

Can the order be varied?

Yes. If your circumstances change, for example, your income drops because of illness or a change in benefits, you can apply to the court to vary the terms of the order. You would need to explain your new financial position and propose a realistic alternative payment schedule.

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

Does a suspended possession order go on a credit file?

A county court judgment (CCJ) for possession is separate from any CCJ for the debt itself. A possession order appears on court records but does not automatically appear on a credit file in the same way a county court debt judgment does. However, if there is also a money judgment for the arrears, that may appear on your credit record.

Disrepair and possession proceedings

If your home has disrepair and the possession proceedings arose partly from arrears that built up because of the poor conditions, extra heating costs, inability to use certain rooms, belongings damaged, this can be raised as a disrepair counterclaim.

If a court-ordered compensation payment for disrepair exceeds the arrears, the net debt to the landlord may be reduced or eliminated. Raising disrepair at the original hearing is important, but even after a suspended order is made, a separate disrepair claim can still be pursued.

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