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Bailiffs

Warrant of possession: County Court eviction process

Scott Nelson MoneyNerd Janine Marsh MoneyNerd
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Scott
Scott Nelson MoneyNerd

Scott Nelson

Founder of MoneyNerd

Scott founded MoneyNerd after his own experience with debt. He runs the website and oversees its general information about debt and other money matters. Scott does not provide personal debt advice or recommend debt solutions through MoneyNerd. If you make a debt enquiry, MoneyNerd may introduce you to The Debt Advice Service, which provides any personal debt advice.

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Janine
Janine Marsh MoneyNerd

Janine Marsh

Former MoneyNerd Contributor

Janine previously contributed articles and videos to MoneyNerd about everyday money, household costs, debt topics and parking matters. She has a background in broadcasting, including work with BBC Radio 5 Live and Bauer radio stations. Her published work provides general information, not personal debt advice.

Learn more about Janine
· Oct 4th, 2026

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Warrant of Control Letter

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A warrant of possession authorises court enforcement of a possession order. This guide explains the England and Wales court process, with the tenancy rules identified separately where they differ.

In this article, we will answer your most pressing questions:

  •  What is a possession order, and how does it work?
  •  Can and how do bailiffs evict tenants?
  •  What are the costs involved in getting a warrant of possession?
  •  How long does the whole process take?
  •  Can you avoid eviction?

If you have received an eviction notice, obtain housing advice promptly. The type of tenancy, the notice and any existing court order affect the options available.

Contact a housing adviser or solicitor as early as possible. The information below explains the process but cannot guarantee that an eviction can be stopped.

Let us help you navigate this difficult situation.

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What is a possession order?

A possession order is a court decision about the right to recover a property. Rent arrears are one possible ground; the landlord must establish the relevant legal basis for possession.

For most residential tenants, the landlord needs a court order and then a valid warrant or writ if the tenant does not leave. The date in a possession order is different from the later bailiff eviction appointment. Some excluded occupiers have different protections.

At a hearing, the court considers the legal grounds, notice requirements and any relevant defence. Get advice and attend the hearing; a landlord’s conduct is relevant only where it affects the legal issues or available remedy. See related guidance.

Where the law permits, the court may make a suspended possession order. The tenant must meet all its conditions, which may include current rent and payments towards arrears.

Warrant and possession order costs

The current County Court fee to start a possession claim is £415, checked 4 October 2026. Whether a tenant must pay court or legal costs depends on the rules and any costs order; the landlord cannot automatically pass on every expense. See related guidance.

For most private assured tenancies in England, new section 21 notices were abolished from 1 May 2026. Landlords generally need a section 8 ground. Earlier section 21 cases are subject to transitional rules, and some existing court proceedings may continue. The accelerated section 21 route is therefore not generally available for a new private tenancy possession claim. See related guidance.

England and Wales have different tenancy notice regimes. High Court transfer requires the appropriate court steps and may involve an application fee as well as the current £82 fee for sealing a writ; £82 is not the total cost of an eviction. See related guidance.

The current court fee to issue a warrant of possession is £152, checked 4 October 2026. Additional lawful costs may arise.

What can eviction enforcement cost in England and Wales?

There can be financial implications of eviction.

There is no single reliable total for every eviction. Court applications, legal representation, transfer to the High Court, enforcement and locksmith arrangements can affect the bill. Request an itemised estimate and check which costs are legally recoverable from the tenant.

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Can bailiffs evict tenants?

If an enforceable possession order is not complied with, the landlord may apply for the necessary warrant or writ. Eviction cannot proceed merely because a landlord says the order has been ignored. See related guidance.

County Court bailiffs act under a warrant of possession; High Court enforcement uses a writ of possession after the required transfer and permission steps. The occupiers must receive the applicable notice of eviction unless the court orders otherwise or an exception applies.

There is a difference between HCEO and a County Court Bailiff.

The distinction relevant here is the County Court warrant of possession and High Court writ of possession. Money-debt enforcement has different transfer restrictions and should not be confused with the eviction process. See related guidance.

Waiting times depend on the court or enforcement office, the case and any applications. Ask the office handling the case for the actual appointment; a general estimate is not a guaranteed timetable.

High Court eviction does not normally permit a landlord to bypass the notice rules. Civil Procedure Rule 83.8 A generally requires at least 14 days’ notice of the first eviction appointment, subject to court orders and specified exceptions.

Obtaining a writ quickly does not remove the required notice or other legal safeguards.

A County Court possession order normally needs the required transfer procedure before High Court enforcement. Permission and exceptions depend on the type of order, including whether trespassers are involved; seek advice on the specific case.

Both types of officer must act within the order, warrant or writ and the applicable procedure.

Both County Court bailiffs and High Court enforcement officers can use lawful entry powers, including a locksmith where appropriate, to carry out an eviction. A possession warrant or writ is different from authority to seize goods for a money debt.

Your Rights With Bailiffs

The summary below concerns ordinary debt enforcement. Its restrictions on forced initial entry must not be applied to an officer carrying out a lawful eviction under a possession warrant or writ. See related guidance.

For more information on what bailiffs can and can’t do, don’t forget to read our detailed guide.

Bailiffs may Important limits
Visit under a valid enforcement power Normally at least 14 clear days’ notice is required before taking control of goods; courts can shorten notice. An eligible debt-advice request can extend it to 28 clear days.
Take non-exempt goods belonging to the debtor They cannot take ordinary essential household items or someone else’s property. Some jointly owned goods may be affected.
Take a vehicle where legally permitted Ownership, finance, disability and other exemptions must be checked. ANPR does not remove those limits.
Enter through a door when lawful For ordinary civil debts they usually cannot force first entry to a home. A CCJ by itself is not a power to break in.
Enter into a controlled goods agreement Ask for a clear inventory and terms; breaking an agreement can have serious consequences.
Sell goods under the enforcement rules Notice and sale requirements apply. Get advice if you dispute ownership, exemption, entry or fees.

England and Wales only. Tools and equipment needed personally for work, study or education have a combined exemption limit of £1,350. The rules differ elsewhere in the UK.

How to apply for bailiffs to evict tenants

A landlord can request a County Court warrant of possession using Form N325 or the available court service, where eligible. Check any permission requirement first. Tenants should seek housing advice if they receive a warrant or eviction notice. See related guidance.

Bailiffs will attend the property on the eviction day and use a locksmith to seize possession if needed – and to change the locks straight after.

The landlord or their representative may arrange access and a locksmith with the enforcement office. They must not carry out a protected tenant’s eviction themselves in place of lawful court enforcement.

High Court enforcement may have a different timetable, but requires the proper authority and notice. It is not a guaranteed faster route in every case.

How long does a possession order last?

A possession order does not simply expire after six years. Court permission is generally required before issuing a warrant or writ where six years or more have elapsed since the order; other permission requirements can also apply.

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How long does it take to get a county court bailiff warrant for possession?

The time to issue and execute a warrant depends on the court, appointment availability and any applications. Contact the court for the current timetable rather than relying on a fixed ten-week estimate. See related guidance.

Can an accelerated possession case still proceed?

For private assured tenancies in England, the section 21 transition limited when claims based on pre-1 May 2026 notices could be started. The final backstop was 31 July 2026, subject to an earlier notice deadline. An existing claim may still continue. Wales and other tenancy types have separate rules; obtain current housing advice.

How do bailiffs evict tenants?

The first eviction appointment normally requires at least 14 days’ notice under Civil Procedure Rule 83.8 A. If it is not carried out on that date, a further notice of at least seven days is normally required. The court can shorten or dispense with notice and specified exceptions apply.

Read the court’s notice carefully for the date, time and property address. Tell a housing adviser immediately if you did not receive it or believe it is defective.

What happens when the bailiffs arrive?

Use the appointment stated in the eviction notice. High Court status does not create an unrestricted right to evict at any time without the required notice.

The officers may ask you to leave and return the keys. Arrange essential belongings and any later collection with the landlord in advance where possible; do not assume the appointment allows unlimited packing time. You can ask for identification.

The enforcement officer may use a locksmith to open the doors when a tenant is refusing to leave. Having a locksmith on hand is useful because it then allows the landlord to change the locks of the property afterwards. 

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Use the enquiry form to request a call about your circumstances and available options. You decide whether to proceed.

Continue to the enquiry form

Advertisement. MoneyNerd introduces enquiries; we do not give debt advice or recommend solutions. The Debt Advice Service, a trading style of Pacific Financial Solutions Limited, offers free debt advice with no obligation. Complete the enquiry form to share your details and request a call.

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How long does an eviction take?

Appointment availability varies. Neither a fixed wait of one month nor immediate service can be guaranteed.

An eviction takes place when the warrant or writ is executed at the appointment, unless stayed or otherwise prevented. Ask the relevant office for the actual timetable.

When your landlord doesn’t need a possession warrant 

Some excluded occupiers, such as certain lodgers who share living accommodation with a resident landlord, can be evicted after proper notice without a possession order. Simply living in the same building as the landlord does not establish this status. Get advice on the actual agreement and living arrangements.

In these situations, speak to Citizens Advice for guidance. 

Can I avoid being evicted?

If eviction is threatened, get urgent housing advice about any defence, appeal, stay or suspension available in your case. A debt solution does not automatically prevent possession, even where rent arrears are included. Keep paying current rent where possible. See related guidance.

There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you or if they are appropriate in your circumstances.

I have linked a few charities that offer these advisory services for free below.

Debt Management Plan (DMP)

A DMP is an informal arrangement for eligible non-priority debts. It does not bind the landlord or stop an eviction; housing and rent arrears need separate advice.

Because it is informal, it is not legally binding so you are not tied into a DMP for a minimum number of payments.

Individual Voluntary Arrangement (IVA)

An IVA is a formal insolvency arrangement with creditors. It can include agreed payments or other contributions and binds creditors covered by the arrangement once approved. Fees, effects on assets and credit, and the risk of failure need to be considered with an authorised insolvency practitioner.

An IVA can write off the unpaid balance of included debts on successful completion, subject to its terms. Excluded debts remain payable, and failure can leave you liable for remaining debt and further action.

There is no universal statutory requirement to owe several thousand pounds or have more than one creditor. Suitability depends on the debts, available income or assets, alternatives and the provider’s criteria.

Trust Deed

Scotland has different debt remedies, including protected trust deeds, the Debt Arrangement Scheme and bankruptcy. A trust deed is one option, not a compulsory replacement for an IVA; ask a Scottish debt adviser which options fit your situation. See related guidance.

A protected trust deed is a formal Scottish insolvency arrangement with conditions, costs and risks to assets and credit. Protection and discharge depend on its status and successful completion; it does not automatically cover every debt or prevent every type of contact.

Debt Relief Order (DRO)

In England and Wales, a Debt Relief Order may be available if qualifying debts are no more than £50,000, spare monthly income is no more than £75, assets are no more than £2,000 and any qualifying vehicle is worth no more than £4,000. Other conditions apply, including not owning your home. An approved adviser must assess eligibility. See related guidance.

A DRO normally gives 12 months of protection for the debts included in it. Ongoing bills and excluded debts still need to be paid. Follow your adviser’s guidance, especially where rent arrears or eviction are involved.

Included debts are normally discharged at the end of the DRO period if the order remains in force. Changes in circumstances must be reported and can affect the order; excluded debts are not written off.

Bankruptcy

If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.

Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.

Sequestration

Sequestration is the Scottish version of bankruptcy.

Scotland has separate insolvency and eviction rules. A Scottish adviser can assess bankruptcy or Minimal Asset Process eligibility and any housing consequences. See related guidance.

I’m going to be homeless – help!

As soon as it becomes apparent that you will lose your home – act! 

Contact your council’s homelessness service as soon as you are threatened with homelessness, and seek help from Shelter or a housing adviser. England and Wales have different statutory duties; emergency accommodation depends on the relevant eligibility and circumstances and is not guaranteed for every applicant. See related guidance.

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Tell us how much debt you have to continue to the enquiry form. Options depend on your circumstances.

How much debt do you have?

Advertisement. MoneyNerd introduces enquiries; we do not give debt advice or recommend solutions. The Debt Advice Service, a trading style of Pacific Financial Solutions Limited, offers free debt advice with no obligation. Complete the enquiry form to share your details and request a call.

Some debt solutions have fees and may negatively affect your credit rating. MoneyNerd may receive a fee if you go ahead with a debt solution through The Debt Advice Service. For free, impartial guidance and help finding free debt advice, visit MoneyHelper.

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The authors
Scott Nelson MoneyNerd
Author
Scott founded MoneyNerd after his own experience with debt. He runs the website and oversees its general information about debt and other money matters. Scott does not provide personal debt advice or recommend debt solutions through MoneyNerd. If you make a debt enquiry, MoneyNerd may introduce you to The Debt Advice Service, which provides any personal debt advice.
Janine Marsh MoneyNerd
Debt Expert
Janine previously contributed articles and videos to MoneyNerd about everyday money, household costs, debt topics and parking matters. She has a background in broadcasting, including work with BBC Radio 5 Live and Bauer radio stations. Her published work provides general information, not personal debt advice.