This page helps landlords and letting agents understand what happens after a possession order has been granted and the tenant has not left.
PIMS view is simple: by the bailiff stage the priority is to recover possession lawfully, minimise further loss, and make a realistic decision about whether chasing money is commercially worthwhile.
Only a court bailiff or authorised enforcement officer can lawfully remove a tenant who remains in occupation after a possession order. A landlord must not change locks, remove belongings, cut services or try to force the tenant out.
Important Section 21 Transition Warning
From 1 May 2026, landlords cannot serve a new Section 21 notice. The main route for possession in the private rented sector is the Section 8 route using the correct grounds.
However, PIMS members may still have valid Section 21 cases already in motion. A Section 21 notice served before 1 May 2026 may still support a court application if the claim is issued before 31 July 2026, subject to the usual validity rules and timing rules.
Once a possession order has been granted, the landlord may still need bailiff enforcement if the tenant does not leave by the date ordered by the court.
PIMS Position:
In theory, a possession order does not simply vanish because time has passed. In practice, landlords should act reasonably and promptly. PIMS recommends moving to enforcement without unnecessary delay, and treating 6 to 12 months after the order as a sensible risk window unless there is a clear reason for delay. If six years or more have elapsed, court permission issues arise.
Key PIMS Enforcement Resources
Use Form N325
Request a warrant of possession where the tenant has not left after an outright possession order.
HCEO / Section 42
Consider transfer to High Court enforcement where delay is causing serious loss.
Trace Tenant
You need a service address and realistic recovery prospects before chasing debt.
Join PIMS
Members get documents, guidance and helpline support before enforcement costs run away.
1. When can bailiffs be used? -
The legal rule
Bailiffs are not the first step. The landlord must first have a possession order. If the tenant does not leave by the date specified in the order, the landlord can apply to the court for enforcement.
The correct sequence
- Valid notice or lawful possession route.
- Court claim issued.
- Possession order granted.
- Tenant fails to leave by the possession date.
- Landlord applies for a warrant or High Court enforcement route.
Common landlord mistakes
- Thinking a notice allows them to change locks.
- Thinking a court order removes the tenant automatically.
- Waiting too long after the possession order without a clear reason.
- Trying to intimidate the tenant into leaving before enforcement.
PIMS Legal Reality: A possession order gives the right to possession. It does not give the landlord permission to personally evict the tenant.
2. County Court bailiff route - the standard process -
The practical rule
In most cases the landlord applies for a County Court bailiff. GOV.UK guidance identifies Form N325 for an outright order where the tenant has not left, and Form N325A where a suspended order has been breached in relation to rent arrears or other payment of money.
What to send
- The correct warrant form, usually N325 for an outright possession order.
- The current court fee. Always check the latest EX50 fee guidance before sending payment.
- A copy of the possession order if helpful.
- A bailiff risk assessment or covering information where there may be risk, vulnerability, animals, unknown occupiers or access issues.
On the eviction day
- Attend the property or arrange for an authorised representative.
- Have a locksmith ready.
- Do not enter or change locks before the bailiff lawfully gives possession.
- If there is a risk of violence or breach of the peace, tell the court/bailiff manager truthfully and consider police attendance.
PIMS Tip: Send a clear cover letter and provide practical risk information up front. It may avoid the court asking for details later and causing delay.
3. Suggested cover letter to the bailiff manager -
PIMS recommends sending a short, practical cover letter with the warrant application. Keep it factual and do not exaggerate risk.
Dear Bailiff Manager,
Please find attached the following:
- Request for Warrant of Possession of Land - Form N325.
- Payment of the current court fee payable to HM Courts & Tribunals Service.
- Copy of the possession order.
- Completed risk assessment / practical information for the bailiff.
- Any other relevant information, including access, known occupiers, pets, vulnerability, violence risk or police attendance concerns.
The tenant has not vacated by the date stated in the possession order. Please issue the warrant and notify me of the eviction appointment.
Signed: __________________________
Dated: __________________________
PIMS Insight: The landlord should retain copies of everything sent. Enforcement is still part of the evidence trail.
4. High Court Enforcement Officer - Section 42 route -
The legal route
A landlord may ask for permission for enforcement to be transferred to the High Court under Section 42 of the County Courts Act 1984. This is usually more expensive and more complex, but may be faster where delay is causing serious loss.
When this may be worth considering
- Substantial rent arrears are still increasing.
- County Court bailiff delay is significant.
- The tenant is causing damage, antisocial behaviour or serious management risk.
- The landlord has a strong, truthful reason why delay will cause further loss.
What landlords get wrong
- Assuming permission is automatic.
- Using exaggerated hardship wording.
- Failing to explain the real loss caused by delay.
- Not understanding that costs can increase quickly.
PIMS Warning: The HCEO route is not a magic shortcut. It is a discretionary request and should be supported by compelling, truthful evidence.
5. Breathing Space, IVA, DRO and bankruptcy risk -
The legal rule
Breathing Space gives a debtor legal protection from many creditor actions. If rent arrears are included in a breathing space, enforcement action in relation to those arrears is generally paused.
Why this matters at bailiff stage
- Enforcement can be paused even late in the process.
- Money enforcement can be blocked or delayed.
- Rent arrears action can become commercially unattractive if the tenant has no assets.
- Landlords must not ignore breathing space notifications.
PIMS practical check
Before spending more money on enforcement, ask the real question: does the tenant have assets, income, employment, property, a guarantor, or any realistic ability to pay?
PIMS Insight: A credit check or trace can help identify whether the tenant is worth pursuing, whether there may be insolvency indicators, and whether the landlord should focus on possession rather than throwing good money after bad.
6. Tenant possessions left behind -
The legal rule
After eviction, the landlord must still deal carefully with goods left behind. The Torts (Interference with Goods) Act 1977 may be relevant where belongings are left at the property.
Common mistakes
- Throwing belongings away immediately.
- Refusing reasonable collection arrangements.
- Failing to photograph and inventory what was left.
- Allowing contractors to dispose of goods without instructions.
→ See PIMS tenant possessions guidance
PIMS Legal Reality: Getting possession back does not give the landlord a free hand to dispose of the tenant’s belongings.
7. Recovering money after possession -
The practical rule
Possession and debt recovery are different questions. The landlord may have recovered the property but still be left with arrears, costs, damage or use-and-occupation losses.
Before chasing money, check:
- Is there already a money judgment?
- Is there a guarantor?
- Does the tenant have employment?
- Does the tenant own property?
- Is there a known bank account?
- Is the tenant in IVA, DRO, bankruptcy or breathing space?
- Is there a realistic recovery route or are you increasing the loss?
PIMS Position: Focus on eviction first where possession is urgent. Chase money only where there is a realistic recovery route.
8. Main money recovery routes -
Money Claim / MCOL
Where possession was obtained without a money judgment, a separate debt claim may be needed.
Attachment of Earnings
Useful where the tenant is employed under PAYE. Not suitable for self-employed or unemployed tenants.
Third Party Debt Order
May assist where money is held in a bank account, but timing and account information matter.
Charging Order
May assist where the tenant or guarantor owns property or land.
PIMS Tip: The best recovery route depends on what the tenant actually has, not what they owe.
9. Guarantors and recovery strategy -
Where there is a guarantor, the recovery picture may change completely. The guarantor may have income, property or a stronger incentive to resolve the matter.
PIMS generally recommends keeping the guarantor informed during arrears escalation so they can mitigate their exposure and encourage a practical solution.
→ See PIMS guarantor rent arrears guidance
PIMS Insight: Sometimes the guarantor is the real recovery route. Do not leave guarantor strategy until after the tenant has disappeared.
10. Deposit held in a scheme - make the order clear +
If money is held in a tenancy deposit scheme and the landlord wants the court order to release all or part of the deposit, the order should clearly identify the deposit, the scheme, the amount to be released and who it should be paid to.
Example wording to request:
The court orders that £[AMOUNT] held as a tenancy deposit in the [NAME OF SCHEME] deposit scheme be released to the landlord, with any remaining balance dealt with in accordance with the scheme rules.
→ See PIMS recovering deposit via court guidance
PIMS Warning: A general money judgment may not be enough for the deposit scheme to release the deposit. Ask for clear wording at the hearing where possible.
PIMS final enforcement position
At this stage, the landlord’s priority is usually possession. Money recovery is important, but it must be commercially realistic. If the tenant has no assets, no employment, no guarantor and insolvency indicators, chasing debt can turn the landlord’s loss into a bigger loss.
PIMS members should use the helpline before spending more money on enforcement where breathing space, insolvency, guarantor strategy, trace evidence or High Court transfer may affect the route.
Need help enforcing possession or recovering losses?
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