Receiving a possession order from the court is a major step for landlords but what happens if the tenant still refuses to leave?
Unfortunately, this situation is more common than many landlords expect. Even after a court has granted possession, tenants may remain in the property, causing further delays and financial loss.
Understanding the next legal steps is essential to regain possession lawfully and avoid serious legal consequences.
What Is a Possession Order?
A possession order is a legal decision from the court requiring the tenant to leave the property by a specific date.
In most cases:
• The tenant is given 14 days to vacate
• In some situations, this can be extended (e.g., hardship cases)
• The order confirms the landlord’s legal right to regain possession
However, the possession order itself does not physically remove the tenant.
Why Tenants Refuse to Leave
There are several reasons why tenants may remain in the property after an eviction order:
• Financial difficulties or inability to secure alternative housing
• Deliberate delay tactics
• Lack of understanding of the legal process
• Awaiting support from local authorities
• Personal or family circumstances
Regardless of the reason, landlords must follow the legal enforcement process.
What Landlords Must NOT Do
Even after receiving a possession order, landlords must not:
• Change the locks
• Remove tenant belongings
• Force the tenant to leave
• Cut off utilities
These actions can be considered illegal eviction, which can result in severe penalties, including fines and legal claims.
The Next Step: Applying for a Warrant of Possession
If the tenant does not leave by the date specified in the possession order, landlords must apply for a warrant of possession.
This allows:
• County Court bailiffs to legally evict the tenant
• An official eviction date to be scheduled
• Lawful enforcement of the court order
This is the only legal way to remove a tenant who refuses to leave.
Bailiff Enforcement Process
Once the warrant is approved:
• Bailiffs will notify the tenant of the eviction date
• On the scheduled day, bailiffs attend the property
• The tenant is required to leave the premises
• Possession is returned to the landlord
In some cases, landlords may choose to transfer the case to the High Court for faster enforcement by High Court Enforcement Officers.
How Long Does This Stage Take?
The enforcement stage can take:
• 2 to 8 weeks on average, depending on court availability
• Longer in areas with high demand for bailiff services
Delays can be frustrating, but following the correct process is essential.
Tips to Avoid Delays
To speed up enforcement and avoid complications:
• Apply for the warrant as soon as the possession date passes
• Ensure all documents are accurate and complete
• Maintain communication with the court
• Consider professional eviction services
Acting quickly can reduce further rent loss.
What Happens After Eviction?
Once the tenant has been removed:
• The landlord can secure the property (change locks)
• Any belongings left behind must be handled legally
• The property can be prepared for re-letting
• Rent arrears recovery can be pursued separately
Proper post-eviction steps are just as important as the eviction itself.
