Eviction by Bailiffs: Warrants, Writs of Possession and Notice

That second stage is where the dates that actually matter live. This page covers who carries out an eviction, the notice you must be given first, what can be done to delay or stop it, and what happens on the day. It is about the enforcement stage rather than the possession claim itself, so if the order has not yet been made, or you are arguing about grounds and notice periods, that is a different conversation and specialist housing advice is the place for it.

Warrant or writ: two routes, two sets of people

Most possession orders are made in the county court, and most are enforced there too. The landlord applies for a warrant of possession, and a county court bailiff, an employee of HM Courts and Tribunals Service, carries it out. See county court bailiffs for who those officers are.

The alternative is transfer to the High Court. The order is transferred up, a writ of possession is issued, and a High Court enforcement officer executes it instead. Landlords use this route because it is generally faster. It is also more expensive, and the costs are usually pursued against the occupier.

For a writ of possession the court's permission is not needed as a general rule. Permission is required in two specific situations: where the writ enforces a notice under section 33D of the Immigration Act 2014, and where the writ is against trespassers and more than three months have passed since the date of the order. Permission is also needed for a writ of restitution, which is what a landlord uses if you go back in after being evicted, whether or not permission was needed for the original writ.

Whichever route is used, the enforcement officer's job is to remove occupiers and hand possession to the claimant. See High Court enforcement officers if a writ rather than a warrant has been issued in your case.

The 14 day notice of eviction

This is the most important protection at this stage, and it applies to both routes.

A notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed. If a first attempt at eviction does not succeed and the writ or warrant is executed again later, a further notice must be delivered not less than 7 days before that further attempt.

The notice comes on form N54 and states the date and time the eviction will take place. It is normally left at the property addressed to the named occupier and to any other occupiers, rather than handed over personally, so it can easily be missed if post is piling up or someone else in the household takes it in.

Two things follow from that. First, count the days. An eviction carried out without the required notice period having run is a procedural failure and should be raised with the court immediately. Second, do not treat the notice as the point at which to start thinking about options. Fourteen days is enough time to get an application in front of a judge, but only if it is used from day one.

Applying to suspend or delay the eviction

The court that made the order can be asked to suspend the warrant or writ, or to postpone the date. Whether it will depends heavily on the ground the order was made on.

Where the order was made on a discretionary ground, most commonly rent arrears, the court retains the power to suspend, usually on terms that you pay the current rent plus a set amount off the arrears each month. Where the order was a mandatory one, the court's power is far narrower and can be limited to a short postponement rather than a suspension.

The application is made on form N244, or on form N245 where what you are really asking for is suspension of the warrant with an offer of instalments. Either way, file it at the court that made the possession order, explain what has changed since the order was made, and set out income and expenditure so the offer is credible. There is a court fee of £16 to make the application; court fees are set by statutory instrument and are reviewed from time to time, so check the current figure before relying on it. Ask the court office for the earliest possible hearing and say the eviction date is fixed, because these applications are routinely listed urgently when the court is told the date.

Filing an application does not stop the eviction by itself. Until a judge orders otherwise, the appointment stands. Tell the enforcement officer or the court bailiff's office in writing that an application has been filed and when it will be heard. See stay of execution for the test the court applies and how to evidence it, and set aside a CCJ if the underlying judgment was obtained without you knowing about the claim.

What happens on the day

The enforcement officers attend at the time on the notice, usually with the landlord or their agent and a locksmith. They can use reasonable force to enter, and they do not need to remove your possessions to complete the eviction: the warrant is executed once possession is handed to the claimant and the locks are changed.

That last point is worth understanding in advance. Belongings left behind stay in the property, and getting them back afterwards means arranging access with the landlord rather than with the court. Anything you cannot replace, documents, medication, keys, phone chargers, work equipment, should be out before the date.

Practical steps for the days beforehand. Contact the council's housing options team as soon as the notice arrives and do not wait to be evicted, because leaving before the date can affect how a homelessness application is assessed and the team should advise on that. Make arrangements for pets and for anyone in the household who is vulnerable. Take meter readings and photographs of the condition of the property on the way out.

If you believe the eviction is being carried out unlawfully, for instance without the notice period having run, say so at the time, note the names of those present, and put it in writing to the court the same day. Advice matters here more than at almost any other point: see get help. Initial advice is free.