The warrant of possession stage is often the most time-consuming part of the possession process — county court bailiff waiting times can be 6-8 weeks from the date of application, and tenants have a statutory right to apply to the court to suspend the warrant, which can add further delay. Proper preparation — including attending any suspension hearing and knowing when to apply for High Court transfer — can significantly reduce the total time from possession order to physical eviction.
A crucial point: the county court has power to postpone or suspend a possession order or warrant in certain circumstances, even where the original possession order was based on a mandatory ground. For mandatory grounds (such as Ground 8 serious arrears), Housing Act 1980 s.89 limits the court to a maximum 6-week postponement for exceptional hardship — the court cannot grant a longer extension on mandatory grounds. For discretionary grounds, the court has wider powers under HA 1988 s.9 to postpone on conditions (such as a new payment arrangement). Knowing which ground the original order was based on determines how much delaying power the tenant has.
Applying for a warrant of possession — Form N325, bailiff procedure and tenant goods
The county court warrant process from application to physical eviction and what happens to goods left behind:
- Form N325 application and county court bailiff procedure: When a tenant has not vacated by the date specified in the possession order, the landlord applies for a warrant of possession. Application: submit Form N325 (Application for a Warrant of Control/Possession/Delivery) to the county court that made the possession order; court fee: £143 (check current court fee schedule at justice.gov.uk before applying — fees are subject to periodic revision); the application must state the date by which the possession order required the tenant to deliver up the property and that the tenant has not complied. Court allocation: on receipt of Form N325, the court allocates the case to a county court bailiff and issues a warrant. The bailiff's office sends the tenant a notice of eviction (Form N54) — a notice that must be given at least 7 clear days before the bailiff attends. This 7-day period is in addition to any waiting time for the bailiff appointment — which in busy courts can be 6-8 weeks from the date of application. Bailiff attendance: on the scheduled eviction date, the county court bailiff attends the property; the landlord (or their agent) should also attend to secure the property immediately after eviction. The bailiff may be unable to execute the warrant if: there is a risk of breach of the peace; the property is empty (the landlord may re-enter without the bailiff in this case — check with the court); or a court has granted a suspension since the warrant was issued. After eviction: immediately change the locks; do not re-enter without the bailiff present until locks are changed. Tenant goods left behind: if the tenant leaves belongings in the property, the Torts (Interference with Goods) Act 1977 applies — the landlord cannot simply dispose of them; must serve a notice on the tenant (s.12 notice) stating the goods are being held, the date after which they will be disposed of, and any storage charges; the tenant has at least 28 days to collect (or agree a collection time). Failing to follow this procedure before disposing of goods can make the landlord liable in conversion.
- Suspended possession orders — re-activating on breach, and tenant suspension applications: Suspended possession orders (SPOs): many possession orders are suspended — the court grants possession but postpones it on condition the tenant pays current rent plus a specified sum off the arrears each week/month. If the tenant fails to comply with the conditions: the landlord must apply to re-activate (lift the suspension of) the warrant. This involves applying on Form N325 and providing evidence of the breach (bank statements showing non-payment; rent ledger). In some courts, the clerk will issue the re-activated warrant administratively; in others, a brief hearing is required — check the court's local practice. Tenant applications to suspend the warrant (Form N244): when a warrant is issued (whether on a new application or on re-activation of an SPO), the tenant can apply to the court on Form N244 to suspend or stay the warrant. The tenant must demonstrate that there has been a material change in their circumstances since the order was made, or that hardship warrants postponement. The court will list a short hearing (often only 10-15 minutes) and both parties may attend. Landlords should: (a) attend every suspension hearing — courts are reluctant to suspend against a landlord who is not present; (b) bring to court the full arrears schedule, payment history, and any previous suspension breaches; (c) oppose suspension on grounds that the tenant has already had sufficient opportunities and the arrears/pattern of breach warrants enforcement. Court powers on suspension hearings: for discretionary grounds — HA 1988 s.9: wide power to adjourn; suspend; postpone on conditions. For mandatory grounds — HA 1980 s.89: only up to 6 weeks total postponement (from the date of the original order) in cases of exceptional hardship — the court has no power to grant longer on mandatory grounds. RRA 2025 (England from 1 May 2026): possession order and warrant procedures remain in county court; specific timeline changes may apply — check current court rules
High Court transfer, Scotland, Wales and NI enforcement
When and how to transfer enforcement to the High Court for faster eviction, and the devolved equivalents:
- High Court transfer for faster enforcement — Form N293A and HCEOs: Where the case involves a money element (rent arrears and costs) exceeding £600, the landlord can apply to transfer enforcement to the High Court. This allows the use of High Court Enforcement Officers (HCEOs) rather than county court bailiffs. HCEOs are typically significantly faster than county court bailiffs — 2-4 weeks from instruction vs county court bailiff waiting times of 6-8 weeks or more. Procedure: (1) apply on Form N293A (Application for permission to issue writ of possession) at the county court that made the possession order; (2) the court grants permission and the case is transferred to the High Court; (3) the landlord then instructs a HCEO (from a list of authorised enforcement officers — contact details from the High Court Enforcement Officers Association); (4) the HCEO serves notice on the tenant and attends to execute the writ of possession; (5) the writ is Form N293 (Writ of Control and Possession) issued by the court on transfer. When High Court transfer is not available: courts will not permit transfer to the High Court where the possession order was made in the accelerated possession procedure (before RRA 2025) in certain circumstances; and from 1 May 2026 the procedure changes under RRA 2025 — check CPR Part 83 and current court guidance. HCEO instruction: once the writ is issued, the landlord instructs the HCEO and pays their fees (typically £200-£500 plus VAT for the eviction service). The HCEO serves an enforcement notice on the tenant (minimum 2 clear days' notice before attendance), then attends with a locksmith. HCEOs are generally more experienced and better equipped than county court bailiffs for managing complex evictions.
- Scotland, Wales and Northern Ireland — equivalent enforcement frameworks: Scotland: possession proceedings in Scotland are brought before the Sheriff Court; the equivalent of a possession order is a decree for recovery of possession; enforcement is carried out by Sheriff Officers (messengers-at-arms for Court of Session proceedings). The Sheriff Court issues a warrant for summary diligence authorising the Sheriff Officers to attend and execute the eviction. Sheriff Officers operate more quickly than county court bailiffs in many Scottish sheriffdoms — the process is typically 2-4 weeks from decree to eviction in many areas. Applications to sist (suspend) the decree: the tenant can apply to the Sheriff Court to sist the decree or enforcement; similar principles apply — material change in circumstances; hardship; breach of payment conditions. Scotland has no direct equivalent to the High Court HCEO transfer. All Scottish possession proceedings are in the Sheriff Court (First-tier Tribunal for PRT cases then Sheriff Court on appeal; or directly Sheriff Court for pre-PRT matters). Wales: the possession proceedings and warrant process are identical to England — all proceedings in the county court; Form N325 for warrant of possession; county court bailiffs; Form N293A for High Court transfer available on same basis as England. RRA 2025 applies in England only — Wales has its own RHWA 2016 possession framework for occupation contracts but enforcement mechanics (warrant application; county court bailiff; High Court transfer) follow the same county court procedure as England. Northern Ireland: enforcement of possession orders in NI is handled by the Enforcement of Judgments Office (EJO); landlords must apply to the EJO after obtaining a possession order from the NI court; EJO Enforcement Agents attend to carry out the eviction; different forms and procedures from England and Wales — seek NI-specific legal advice for enforcement at the EJO stage
Frequently asked questions
How long does it take to get a county court bailiff after a possession order?+
After applying for a warrant of possession (Form N325), the county court must allocate a bailiff and the bailiff's office must then give the tenant at least 7 clear days' notice of the eviction date. In practice, total waiting time from the date of the warrant application to the eviction date is typically 6-8 weeks, though this varies significantly by court — some London courts and busy regional courts can take longer. If you need faster enforcement and the case involves rent arrears/costs exceeding £600, consider applying to transfer enforcement to the High Court (Form N293A), which allows use of High Court Enforcement Officers who can typically attend within 2-4 weeks.
Can a tenant stop the bailiff from evicting them?+
A tenant can apply to the court on Form N244 to suspend or stay the warrant of possession. The court will list a short hearing where the tenant must demonstrate a material change in circumstances or exceptional hardship warranting postponement. The landlord should attend this hearing and bring the full arrears history and evidence of any previous suspensions. For possession orders based on mandatory grounds (such as Ground 8 serious arrears), the court's power to postpone is limited to a maximum of 6 weeks in total (under Housing Act 1980 s.89) — it cannot grant longer postponements on mandatory grounds. For discretionary grounds, the court has wider powers to adjourn or suspend on conditions.
What happens to a tenant's belongings left in the property after eviction?+
The Torts (Interference with Goods) Act 1977 applies. You cannot simply dispose of goods left behind — you must serve a formal notice on the tenant (s.12 TIGA 1977 notice) stating: what goods have been left; where they are being held; the date (at least 28 days from service) after which you will dispose of them; any storage costs being charged. Serve the notice at the tenant's last known address (and any forwarding address if known). Keep a record of all goods with photographs. After the notice period expires without the tenant collecting, you can dispose of the goods (by sale, donation or disposal) but must account to the tenant for any net proceeds from a sale after deducting reasonable storage costs.
When should I apply to transfer enforcement to the High Court?+
Consider High Court transfer (Form N293A) when: (a) the case involves rent arrears and costs exceeding £600 (required for permission); (b) the county court bailiff waiting time at your local court is particularly long; (c) you anticipate the tenant will be difficult to evict and want a more experienced HCEO team; (d) speed of eviction is important (HCEOs typically attend within 2-4 weeks vs county court bailiff's 6-8 weeks). Apply for permission at the county court that made the possession order. Once permission is granted and the writ issued, you instruct a High Court Enforcement Officer directly and pay their fees (typically £200-£500 plus VAT for the eviction itself).
- Possession claims online — making court possession claims →
- Bailiff enforcement — county court and High Court enforcement procedures →
- Eviction process — step-by-step guide from notice to eviction →
- Section 8 notice — serving notice and grounds for possession →
- Managing rent arrears — pre-action steps and possession →
- Illegal eviction — what landlords must not do without a court order →