If you’re facing the possibility of losing your home through a possession order, understanding your options is vital. The good news is that you can stop a possession order under certain circumstances. In this guide, we’ll explain what a possession order is, explore strategies to prevent them, and answer common questions about this critical legal issue.
What is a possession order?
A possession order is a legal document issued by a court that grants a landlord or lender the right to reclaim a property. It usually comes into play when tenants have breached the terms of their tenancy agreement, often due to unpaid rent. Lenders also use it when homeowners default on their mortgage payments.
Possession orders can fall into several categories:
Outright possession orders: The court instructs the tenant or homeowner to leave the property by a specific date, usually within 14 or 28 days.
Suspended possession orders: With a suspended possession order, the tenant or homeowner can remain in the property if they meet certain conditions, such as keeping up with rent or arrears payments.
Postponed possession orders: Similar to a suspended order but without a set date for enforcement, as long as the conditions are met.
Can an order of possession be stopped?
Yes, a possession order can sometimes be stopped or delayed, but this depends on the stage of the process and the specific circumstances. Here are some common scenarios where a possession order may be halted:
Negotiation with the landlord or lender: If you can work out an agreement before the court hearing or enforcement of the order, the landlord or lender might agree to withdraw the possession claim.
Challenging the possession order: If the possession order was granted on incorrect grounds, you may be able to appeal or challenge it. For example, if the landlord failed to follow proper procedures, such as issuing a valid Section 21 or Section 8 notice, the possession order may be invalid.
Paying off arrears: For cases involving rent or mortgage arrears, making a lump sum payment or agreeing to a repayment plan could prevent the eviction process from progressing.
Proving exceptional circumstances: If you can demonstrate hardship, such as severe illness or financial difficulties, the court might decide to delay enforcement of the possession order or grant more time to resolve the issue.
Strategies to stop a possession claim
If you’re facing a possession order, here are some practical strategies that may help you halt or delay the process:
1. Communicate with your landlord early
Open and honest communication is often the best way to resolve housing disputes before they reach court. If you're struggling with rent arrears, contact your landlord as soon as possible and explain your situation.
Offer a realistic repayment plan to gradually clear your arrears.
Request a temporary payment reduction if your financial hardship is short-term.
Keep written records of all communication for reference if needed in court.
Many landlords and lenders prefer a mutual agreement over a drawn-out court process, especially if you show willingness to resolve the issue.
2. Seek legal advice
Getting professional advice can help you understand your rights and explore possible defences. Support is available through:
Legal aid services (if you qualify for financial assistance).
Housing charities like Shelter or Citizens Advice, which offer free guidance.
Landlord and tenant solicitors, who can assess your case and represent you in court if needed.
If you receive a court hearing notice, don’t ignore it—seeking legal advice early can give you more options.
3. Check the validity of notices
Landlords and lenders must follow strict legal procedures when issuing eviction or repossession notices. If they fail to comply with the law, the claim may be invalid. For rented properties, a Section 21 notice is only valid if the landlord has provided required documents, such as:
A valid Energy Performance Certificate (EPC)
An up-to-date gas safety record
The How to Rent guide (for tenancies in England)
4. Make a Repayment Offer
If your main issue is arrears, offering a realistic repayment plan can help prevent eviction.
Calculate what you can afford to repay each month.
Make a formal proposal to your landlord or lender in writing.
Demonstrate commitment to making payments by sticking to the plan.
Courts are more likely to grant a suspended possession order (which allows you to stay as long as payments continue) if you can show you’re taking steps to repay what you owe.
5. Apply to vary or suspend the possession order
If an outright possession order has been granted, you may be able to apply to the court to vary or suspend it. This typically involves filling out an N244 form and attending a hearing to explain why enforcement should be delayed or stopped.
6. Challenge the claim in court
Attend the court hearing and present your case. Provide evidence of financial hardship, attempts to make payments, or issues with the landlord or lender’s actions. A judge may decide to postpone or dismiss the claim.
FAQs
Can a possession order be stopped at the last minute?
Yes, in some cases, it’s possible to stop a possession order even after it’s been granted. For example, if you can pay off arrears in full or submit an application to vary the order before eviction takes place, the court may reconsider the decision.
What if the tenant disagrees with the possession order?
Tenants who disagree with a possession order can challenge it in court, provided they have valid grounds. This might include procedural errors by the landlord or lender, invalid notices, or evidence of resolving the breach (e.g. paying arrears).
How long does it take to enforce a possession order?
The timeline for enforcement depends on whether the landlord or lender applies for a warrant or writ of possession. County Court bailiffs or High Court Enforcement Officers typically handle the eviction, which can take several weeks or months to arrange.
Does paying arrears stop a possession order?
In many cases, paying off rent or mortgage arrears in full can stop or delay a possession order. Courts are likely to view such payments as a positive step toward resolving the issue.
Can housing disrepair stop a possession order?
Yes, tenants can raise a defence of housing disrepair if the landlord has failed to maintain the property. However, the disrepair must be significant and proven to affect the tenant’s ability to meet their obligations under the tenancy agreement.
Final thoughts
If you’re facing a possession claim, acting quickly is crucial. Open communication, professional support, and a clear plan can help you protect your rights and stop the eviction process. Whether you’re a tenant or homeowner, understanding the legal framework and exploring your options can make all the difference in navigating this challenging situation.
References
Changing a possession order from Shelter
Private renting for tenants: evictions in England from Gov.UK
Disclaimer: Please note this article is intended for informational purposes only. This article does not advise on a specific situation, and we do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.
