County court bailiff enforcement — the N325 warrant of possession
The standard enforcement route after a county court possession order is to apply for a warrant of possession from the county court using Form N325. The warrant authorises a county court bailiff to attend the property and execute the possession order.
- When to apply for a warrant: A warrant of possession can be applied for as soon as the date specified in the possession order has passed and the tenant has not vacated. For an outright possession order, the date is typically 14 days from the hearing (28 days in exceptional hardship). For a suspended possession order, the warrant can be applied for when the tenant breaches the conditions
- Form N325 — application for a warrant of possession: The landlord applies using form N325 at the county court with a fee (currently £130). The application must state the date of the possession order, the property address, confirmation that the tenant has not vacated, and (for SPOs) the details of the breach of conditions. There is no court hearing — it is an administrative process
- Timescales — county court bailiff: Current average timescales range from 6 to 14 weeks from application to enforcement date, depending on the county court. Landlords who need faster enforcement should consider the HCEO transfer route
- What happens on bailiff appointment day: The county court bailiff attends the property on the appointment date and gives the tenant a final opportunity to vacate. If the tenant remains and refuses to leave, the bailiff executes the warrant and formally takes possession. The landlord or their agent should attend to receive the keys and secure the property
High Court Enforcement Officer transfer — faster enforcement under s.42 CCA 1984
The High Court Enforcement Officer (HCEO) route offers significantly faster enforcement than the county court bailiff. The process involves transferring the county court possession order up to the High Court for enforcement under s.42 of the County Courts Act 1984 and CPR 83.13.
- When HCEO transfer is available: Possession orders can be transferred to the High Court where: (a) the landlord also has a money judgment for arrears exceeding £600, or (b) the county court has given permission to transfer to the High Court for possession enforcement. Transfer is not available for consumer credit act possession claims
- Form N293A — request for writ of possession: Once the possession order is transferred to the High Court, the landlord applies for a writ of possession using Form N293A (High Court) with a fee (currently around £71 for the writ, plus the HCEO's own fees). The High Court issues the writ, which the HCEO uses to carry out enforcement
- Timescales — HCEO enforcement: Once the writ of possession is issued, HCEO enforcement is typically scheduled within 2-7 working days. HCEOs are private enforcement officers regulated by the High Court Enforcement Officers Association (HCEOA)
- HCEO costs: Typical HCEO enforcement fees range from £300 to £800+. If the landlord also has a money judgment for arrears, the HCEO can simultaneously take control of goods to satisfy the money judgment — a significant advantage over the county court bailiff
Suspended possession orders — how they work and what landlords must do when breached
A suspended possession order (SPO) is one of the most common outcomes of a contested possession hearing on arrears grounds. Understanding how SPOs work is essential for landlords managing arrears situations.
- What an SPO says: An SPO typically provides: 'Possession is ordered but suspended on condition that the defendant pays current rent plus [arrears instalment] per month from [date]. If the defendant fails to comply, the claimant may apply for a warrant of possession'. The SPO is a court order — both parties must comply
- Landlord's obligations under an SPO: While an SPO is in place, the landlord must accept payments that comply with the order's conditions. The landlord must not refuse rent payments or act in a way that constitutes harassment. Keep a careful record of all payments received
- Breaching the SPO conditions: If the tenant fails to pay the current rent or the arrears instalment, the landlord can apply for a warrant of possession using N325 without returning to court for a new order
- Tenant's right to apply to discharge or vary the SPO: A tenant facing a warrant can apply to the court (N244) to discharge or vary the SPO. The court has a discretion to grant this. Where a tenant repeatedly breaches and re-applies, the court may ultimately make an absolute possession order
What happens after enforcement — locks, goods, and post-possession obligations
Once enforcement has been completed and the landlord has taken possession, there are several important post-enforcement obligations and practical steps to address.
- Changing the locks: The landlord may change the locks only after the bailiff or HCEO has formally executed the warrant or writ and possession has been formally transferred to the landlord. Changing the locks before this point is unlawful eviction under the Protection from Eviction Act 1977 s.1 and may attract aggravated damages under Housing Act 1988 ss.27-28
- The tenant's belongings: The Torts (Interference with Goods) Act 1977 requires the landlord to give the tenant a formal Notice to Collect Goods specifying the deadline for collection. The notice period must be reasonable (typically 14 days minimum). Document and photograph everything
- Continuing liability for rent: The tenant's liability for rent arrears and mesne profits continues after enforcement until payment. If the landlord has a county court money judgment for arrears, enforcement continues independently of the possession claim
- Updating the council: Where the property is in a selective licensing area or the tenant was on benefits, notify the relevant council housing team that possession has been recovered. Notify the council of the vacancy to understand your council tax liability