Order for Possession to Enforcement: Managing Tenants Who Refuse to Comply and Vacate

5 June 2025

Introduction

You have successfully navigated the often complex and time-consuming process of litigation, and the Court has ruled in your favour. A possession order has been granted, and the tenant has been directed to vacate your property by a specific date. Understandably, you are relieved expecting that your property will soon be returned to your control.

But then the possession date comes and goes… and the tenant remains within the property.

What now?

In this article, we explore the legal steps available when a tenant fails to comply with an order for possession. We outline the enforcement mechanisms that can be pursued to regain lawful possession of your property, and the practical considerations involved when a possession order is ignored.

Orders for Possession

In most cases, the Court will order possession to be granted within 14 to 28 days. However, this timeframe may be shortened or extended depending on the circumstances. Where a specific date is set, the tenant must provide vacant possession by or on that date.

If the Court orders possession to be granted “forthwith”, the tenant is required to vacate the property immediately. Any delay in compliance allows the landlord to take steps to enforce the order without further notice.

It is crucial that tenants are clearly informed—either through their legal representatives or directly upon service of the possession order—of the deadline by which they must vacate. Landlords themselves, or through their legal representatives, should also make arrangements with the tenant for the return of keys and obtain a forwarding address, especially if further enforcement or recovery of rent arrears is anticipated, if possible.

However, where the tenant refuses to engage or expressly states that they will not vacate by the Court ordered deadline, it is prudent for the landlord to prepare for further enforcement proceedings to recover possession.

Why Tenants May Remain After a Possession Order: Legal and Practical Considerations

Even after a landlord has served a valid Section 8 or Section 21 Notice, the tenant is afforded certain rights and protections under the law. These notices must adhere to strict formatting requirements and include key information—such as deadlines for compliance and the tenant’s right to seek free legal advice, often through Legal Aid or housing support services. Tenants may also approach their local authority for guidance, particularly if they are at risk of homelessness.

Despite these formalities and the opportunity to vacate voluntarily, some tenants choose to remain in the property. This can occur even where the tenant has no legal defence to the landlord’s possession claim. In some cases, tenants may defend or delay proceedings as a tactic to extend their time in the property—motivated by financial hardship, personal circumstances, or a lack of alternative accommodation.

Tenants may be warned by local housing authorities that leaving the property voluntarily could render them “intentionally homeless”, thereby reducing their priority for social housing. To avoid this, tenants are often advised to remain until physically evicted by a Court appointed Bailiff or High Court Enforcement Officer.

Nevertheless, once a possession order has been granted, the tenant is legally obligated to vacate the property by the specified date. Failure to do so may result in:

Additional costs being awarded against them; and
The forcible removal from the property via eviction by Bailiff.

Understanding these dynamics can help landlords anticipate tenant behaviour and take timely steps to enforce possession when necessary.

Enforcing a Possession Order: County Court Bailiffs and High Court Alternatives

As previously mentioned, when a tenant fails to vacate a property by the date specified in a possession order, the next step is to seek lawful enforcement through the Court system. This is typically done by applying for a County Court Bailiff to carry out the eviction and return possession of the property to the landlord.

Although, where permission is granted, the possession order can be transferred under Section 42 of the County Courts Act 1984, and a High Court Enforcement Officer (HCEO) can be instructed to execute the eviction. HCEOs are generally able to act more quickly and flexibly than County Court Bailiffs, often attending with shorter notice and greater enforcement capacity.

To pursue this route, the landlord must first obtain leave from the court to transfer the possession order for enforcement in the High Court. This is a discretionary process, and landlords must present valid reasons—such as delay, urgency, value or tenant behaviour—to justify the transfer.

Once enforcement is underway—whether through the County Court or High Court—both the landlord and tenant will be provided with clear notice of the eviction date, allowing time to prepare appropriately.

Landlords should:

Arrange for a locksmith to attend on the day of eviction to change the locks once possession is granted. It is ideal for another person, yourself or an agent, to attend with the locksmith to ensure the property is never left unsecure and that the tenant does not re-enter.
Be ready to inspect and document the condition of the property immediately. Video and photograph evidence is vital to document the state of the property upon receiving possession.

Tenants should:

Make suitable arrangements for alternative accommodation, often with support from the local authority.
Remove personal belongings in advance, as time to retrieve possessions during enforcement is strictly limited. If not removed, then the Landlord will need to deal with the legal requirements before disposal of the belongings.

Although the enforcement process can be daunting, it is a vital legal safeguard to uphold a landlord’s right to possession. Understanding the available options—particularly the possibility of High Court enforcement—can help landlords make informed decisions and minimise delay when recovering their property.

Unlawful Eviction: Criminal and Civil Consequences

Landlords are strongly urged to not attempt to recover possession themselves outside of the Court enforcement process, no matter how frustrating delays may be. Any action taken without proper legal authority may constitute an unlawful eviction, which is a criminal offence under the Protection from Eviction Act 1977.

Even with a valid possession order, landlords must not:

Change the locks while the tenant is still in occupation;
Forcibly remove the tenant or their belongings;
Disconnect utilities or deliberately allow the property to become uninhabitable;
Intimidate or harass the tenant into leaving.

Such actions can result in:

Criminal prosecution and fines;
A compensation claim from the tenant for unlawful eviction;
A requirement to restart possession proceedings entirely, further delaying recovery.

While the stress and cost of enforcement can be significant, adhering to the lawful process is essential to protect your legal position and avoid serious consequences. Engaging in legal representation early can help guide landlords through the correct procedures, mitigate risk, and safeguard a successful recovery of their property.

In Summary : The Do’s and Don’ts of Enforcing a Possession Order

Do:

Apply to the Court for a Warrant of Possession (County Court) and/or make an application for High Court transfer where appropriate.
Allow the legal process to run its course before taking any enforcement action.
Engage legal representation early to ensure the correct procedures are followed and risks are minimised.
Arrange for a locksmith to attend the eviction with the bailiff, to secure the property.
Document the condition of the property upon re-entry for inventory and future reference.
Maintain communication (where appropriate) with the tenant to confirm intentions and practical arrangements.

Don’t:

Do not change the locks or deny the tenant access before the lawful eviction date.
Do not attempt to remove the tenant or their belongings yourself—only Court appointed bailiffs or HCEOs can lawfully do this.
Do not cut off utilities or make the property uninhabitable to force the tenant to leave.
Do not harass, threaten or intimidate the tenant into vacating.
Do not ignore court protocols—this can lead to delays, claims for unlawful eviction, or even criminal charges.

While obtaining a possession order is a significant step, it does not always guarantee immediate compliance. When a tenant fails to vacate by the Court ordered deadline, landlords must follow further legal procedures to enforce their rights. Acting promptly—and within the confines of the law—is essential to avoid delays, financial loss, or inadvertently committing an unlawful eviction.

Are you a private landlord dealing with a tenant who hasn’t vacated, even after a notice has been served or possession order has been made?

Our dedicated litigation team supports landlords across England and Wales in commencing possession proceedings, supporting through to obtaining possession orders, and drafting applications for enforcing court orders whilst consistently advising on how to regain possession lawfully.

By Kaliah Barker

Disclaimer: The content of any article posted on this website is for general information only and shall not be deemed to be, or constitute legal advice on any general or specific matter.