Possession orders for rent arrears in England
A possession order does not always mean you have to leave. What it means depends on the type of order, the ground used and your type of tenancy.
Applies to: England
What to do now
- Read the order and write down the date and any payment terms.
- If the order is suspended, set up the payments straight away and keep proof.
- Contact Shelter or your council’s housing options team now — find your council.
This page covers renting in England. Private tenancies moved to the Renters’ Rights Act rules on 1 May 2026. Housing association assured tenancies stay on the older rules until October 2027, and council secure tenancies are not covered by the reforms. Wales has its own system under the Renting Homes (Wales) Act 2016 — see Wales; for Scotland and Northern Ireland see Scotland or Northern Ireland.
Which rules apply to you
| Tenancy | Mandatory arrears ground | Notice |
|---|---|---|
| Private tenant, notice served on or after 1 May 2026 | Ground 8: at least three months’ rent (13 weeks if paid weekly or fortnightly) owed both when the notice was served and at the hearing | At least four weeks |
| Housing association assured tenant, until October 2027 | The older Ground 8: two months’ rent (eight weeks if weekly) | The older rules, usually two weeks |
| Council secure tenant | No mandatory arrears ground: the court decides whether possession is reasonable | Notice of seeking possession under the Housing Act 1985 |
Grounds 10 (some rent owed) and 11 (persistent late payment) are discretionary. The judge decides whether it is reasonable to order possession and can set payment terms. For private tenants, arrears caused only by a Universal Credit housing payment you had not yet received are left out of the Ground 8 count.
The types of order
- Outright order. You must leave by the date given. Where the court has no discretion, that date is normally 14 days after the order, or up to six weeks if leaving sooner would cause exceptional hardship.
- Suspended or postponed order. You can stay as long as you keep to the terms, usually your rent plus a set amount towards the arrears.
- Money judgment. An order to pay the arrears and costs, often made alongside a possession order.
- Adjournment. The case is put off, for example while a benefit decision is made.
Living with a suspended order
Missing a payment, paying late, or paying extra one week and nothing the next all break the order. The landlord can then apply for a warrant without a new hearing. If your income falls, apply to the court on form N244 to vary the terms, with an income and spending statement. Once the arrears are cleared, you can apply to discharge the order.
After an outright order
If you have not left by the date, the landlord must apply for a warrant; only court bailiffs or High Court Enforcement Officers can evict you, not the landlord personally. See eviction by bailiffs. Contact the council now for homelessness help, rather than waiting for the eviction date.
You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.
Common questions
Can I stay in my home after a possession order?
If the order is suspended or postponed, yes, as long as you keep to its terms. If it is an outright order, you must leave by the date given, but the landlord still needs a warrant and bailiffs to evict you.
What happens if I miss a payment under a suspended order?
The landlord can apply for a warrant for bailiffs without another hearing. You can apply to the court to suspend the warrant, so get advice immediately.
Can a possession order be changed?
You can apply on form N244 to vary a suspended order, for example to lower the arrears payments if your income falls. Include details of your income and spending.