Bailiff Enforcement of Possession Orders UK 2026 — County Court Bailiff vs High Court Enforcement

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. 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 stated in the order is typically 14 days from the hearing (28 days in exceptional hardship cases). For a suspended possession order (SPO), the warrant can be applied for when the tenant breaches the conditions on which possession was suspended
• Form N325 — application for a warrant of possession: The landlord applies using form N325 (or its successor) at the county court. The fee is currently £130. The application must state the date of the possession order, the current address of the property, confirmation that the tenant has not vacated, and (for SPOs) the details of the breach of conditions. There is no court hearing for a warrant application — it is an administrative process
• Timescales — county court bailiff: County court bailiff enforcement is notoriously slow. Once the N325 is filed, the court allocates a bailiff appointment date. Current average timescales (as of 2026) 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 (a HMCTS employee) 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 on behalf of the landlord. The landlord (or their agent) should attend to receive the keys and secure the property. The bailiff will not physically remove the tenant's belongings — this remains the landlord's responsibility (and must be handled carefully to avoid liability for the tenant's goods)
• Suspended possession orders — activating the warrant: A suspended possession order (SPO) is a possession order that is not immediately enforced, usually because the judge directed that possession would be suspended on conditions (typically payment of current rent plus an agreed amount towards arrears). Where the tenant breaches the conditions of the SPO (for example, misses a payment or pays less than required), the landlord can apply for a warrant of possession without returning to court for a new order. The N325 application for an SPO breach must confirm the breach and the particulars

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 for eligible cases. The process involves transferring the county court possession order up to the High Court for enforcement:

• When HCEO transfer is available: Possession orders can be transferred to the High Court for enforcement under s.42 of the County Courts Act 1984 and CPR 83.13, where the landlord has a possession order and either: (a) the landlord also has a judgment for arrears exceeding £600 (so there is both a possession and money element to enforce), or (b) the county court has given permission to transfer to the High Court for possession enforcement. In many possession claims, the court will grant permission as part of the possession order. Transfer is NOT available for consumer credit acts possession claims
• Form N293A — request for writ of possession: Once the possession order is transferred to the High Court (via a certificate of judgment or permission), 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 (some HCEOs offer next-working-day appointments). This is dramatically faster than the county court bailiff route. HCEOs are private enforcement officers regulated by the High Court Enforcement Officers Association (HCEOA) and operate under the Taking Control of Goods Regulations 2013
• HCEO costs: HCEOs charge their own fees on top of the court fees. Typical HCEO enforcement fees range from £300 to £800+, depending on the complexity of the enforcement and whether a locksmith or storage van is needed. However, 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
• What happens on HCEO enforcement day: The HCEO attends the property (often with a locksmith) on the appointed date, identifies the occupants, delivers a formal notice to quit, and executes the writ. If the tenant refuses to leave, the HCEO has the power to physically remove them. The landlord or agent should attend to receive the property. The HCEO will complete a detailed attendance report. Once enforcement is complete, the landlord can change the locks

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 Ground 8 (rent arrears) or Ground 10/11 (discretionary arrears grounds). Understanding how SPOs work is essential for landlords managing arrears situations:

• What an SPO says: An SPO typically provides: 'Possession of the property at [address] is hereby ordered but possession is suspended on condition that the defendant pays to the claimant [current rent] per month and [arrears instalment] per month from [date]. If the defendant fails to comply with these conditions, the claimant may apply for a warrant of possession'. The SPO is a court order — both the landlord and tenant must comply with it
• 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. The landlord should keep a careful record of all payments received and the dates they were received, and compare them against the SPO conditions
• Breaching the SPO conditions — what triggers the warrant: If the tenant fails to pay the current rent by the due date OR fails to pay the arrears instalment, OR pays an amount less than the full amount due, the SPO conditions are breached and the landlord can apply for a warrant of possession using N325 (for county court enforcement) without returning to court for a new order. Note that an N244 application to discharge the SPO (restart the SPO with cleansed conditions) is not required before applying for the warrant — but see the next bullet
• Tenant's right to apply to discharge or vary the SPO: A tenant who is in breach of an SPO and faces a warrant can apply to the court (using form N244) to discharge or vary the SPO — i.e., to restore or reset the conditions. The court has a discretion to grant this application, typically in the context of a new payment schedule. If granted, the warrant is stayed pending the new arrangement. Tenants frequently use this tactic to delay enforcement; landlords should prepare for multiple SPO breaches and applications
• Absolute possession order after repeated SPO breach: Where a tenant has repeatedly breached SPO conditions and the court has repeatedly permitted applications to vary, the court may ultimately decline to allow further variations and make an outright (absolute) possession order at a further hearing. An absolute possession order cannot be suspended

What happens after enforcement — locks, goods, and post-possession obligations

Once enforcement has been completed and the landlord has taken possession of the property, 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 — even after the date stated in the possession order — is unlawful eviction under the Protection from Eviction Act 1977 s.1 (criminal offence) and may give rise to aggravated damages under Housing Act 1988 ss.27-28. Always wait for formal enforcement
• The tenant's belongings: The landlord does not have an automatic right to dispose of or sell a tenant's belongings left in the property after enforcement. The Torts (Interference with Goods) Act 1977 requires the landlord to give the tenant a formal notice (Notice to Collect Goods) specifying the deadline for collection and the landlord's intention to dispose of goods if not collected. The notice period must be reasonable (typically 14 days minimum). Failure to follow the correct procedure can give rise to a tort claim. The landlord should also consider liability for the value of goods — document and photograph everything
• Continuing liability for rent post-enforcement: The tenant's liability to the landlord for rent arrears and mesne profits (damages for use and occupation) continues after enforcement until payment is made. If the landlord has a county court money judgment for arrears, enforcement of the money judgment can continue independently of the possession: charging order, attachment of earnings, third party debt order
• 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. If the tenant had a Council Tax exemption relating to their occupation, the landlord may become liable for council tax from the date of enforcement until re-letting. Notify the council of the vacancy to understand your council tax liability

Frequently asked questions