A warrant of possession is a legal document issued by a court that allows a landlord or mortgage lender to regain possession of a property from a tenant or homeowner. This is often due to breached terms such as unpaid rent or missed mortgage payments.

The warrant is issued following a court hearing where it is determined that the landlord or lender, possibly yourself has a valid claim to the property. This is typically after tenancy or mortgage terms have been violated and other resolution attempts have failed.

A warrant of possession is the main instrument used to conduct legal evictions. And so, you can benefit from understanding how they work.

In this article, we look at how and why a warrant of possession is issued and how they can impact landlords, tenants, and homeowners.

01 | What leads to a warrant of possession?

The route to receiving a warrant of possession often begins with tenants or mortgage holders violating their lease or mortgage terms.

The property repossession process is fairly long and made up of multiple stages, aimed at ensuring fairness and adherence to English law.

Notifications must be given, and hearings must take place before a possession order, the legal ruling a warrant of possession requires, is made.

Let’s explore the initial steps leading up to a court issuing a warrant of possession order.

Step 1: The triggering situation: A variety of circumstances can instigate the need for a warrant of possession. Common reasons include unpaid rent, violation of tenancy agreement terms, or a build-up of mortgage arrears.

Step 2: Initial steps: Once a triggering situation occurs, the landlord or lender must follow the legal protocols correctly in order to gain a warrant of possession. The first step involves serving a notice to the tenant or mortgage holder, indicating which part of the agreement they violated and providing a specified time to rectify the situation. This notice period allows yourself as a tenant or homeowner to make resolution attempts before the matter escalates to court. For example, if you have mortgage arrears you may arrange a repayment plan with your lender.

Step 3: Applying for a possession order: If the dispute remains unresolved after the notice period expires, the next step is for yourself or a lender to apply for a possession order from the court. In the UK, landlords fill in Form N5 and submit it to the court. This application starts the legal process of property reclamation, setting the stage for a court hearing to determine a claim’s validity.

Step 4: The waiting period: After applying for a possession order, there is a waiting period during which the court schedules a hearing. During this time, it is advisable for all parties to seek legal advice, prepare their case, and gather all necessary documentation. This preparation is crucial for the upcoming hearing.

Step 5: The hearing: On the scheduled day, both parties will have an opportunity to present their case before a judge. This is a chance to explain the circumstances, showcase the evidence, and clarify any legal queries. The presence of legal representation can be beneficial to ensure that all legal protocols are followed, and the case is presented effectively. After hearing both sides, the judge will decide what to do based on the law and the evidence provided.

Step 6: The possession order: If the judge rules in favour of the landlord or lender and does not believe you as the borrower or tenant are likely to change your behaviour or deal with your arrears, they may issue a possession order. This is typically either an outright order, which gives possession to the lender or landlord and gives the tenant or borrower a set date to leave, or a suspended order, which gives you as the tenant or borrower several conditions to adhere to or else possession of the property is given to the lender or landlord.

If an outright order is given the unauthorised occupants must simply leave and give back their keys to the property. This is often the easiest path as a former tenant or mortgagor yourself, as it allows a comparatively stress-free way to evacuate yourself and your property from your former home, without having to deal with bailiffs.

Step 7: Apply for a warrant of possession: If as an occupant you do not leave by the stated date, or if the terms of the suspended possession order are breached, the property owner can apply to the court for a warrant of possession.

02 | How are warrants of possession issued?

The application for a warrant of possession is made using Form N325. This should be submitted to the court where the possession order was issued.

This form is a formal request to the court to execute the possession order. If the property owner is seeking to repossess a property following the breach of a suspended possession order, they should use Form N325A instead.

Upon reviewing the application and ensuring all legal prerequisites are met, the court will issue a warrant of possession. This warrant authorises the eviction and repossession process.

When the warrant is issued, an eviction date is also set. The court will notify you as the tenant or mortgagor of this date, allowing you time to prepare for the eviction. This notice provides clear information on when the bailiffs or enforcement officers will arrive to execute the eviction.

03 | What happens on eviction day?

On the specified eviction date, court-appointed bailiffs or enforcement officers make their way to the property to carry out the eviction or repossession as dictated by the warrant of possession. Here is a detailed walkthrough of what typically happens:

1. Arrival and Identification:

The bailiffs or enforcement officers arrive at the property and identify themselves, presenting official identification and the warrant of possession. They explain the purpose of their visit and the legal authority under which they are operating.

2. Entry to the Property:

They then gain entry to the property. If necessary, they may employ a locksmith to help gain access, especially if you are not present or refuse entry.

3. Communication with Occupants:

Upon entry, they communicate with you, explaining the eviction process, and providing you with any necessary instructions. They also answer any questions you might have, ensuring clarity and understanding of the process.

4. Removal of Occupants:

If you are present, the bailiffs or enforcement officers will respectfully request you to vacate the property. If there are any personal belongings remaining, they may allow a short period for these to be collected.

If you resist, the bailiffs or enforcement officers will typically call in additional law enforcement support to ensure the eviction is carried out safely and legally.

5. Documentation:

Throughout the eviction process, the officers document their actions, noting the condition of the property, the cooperation of the occupants, and any other relevant details. This documentation is crucial for legal records and for resolving any subsequent disputes.

6. Formal transition of possession:

Once the property is vacated, the officers officially hand over possession to the landlord or lender. They may also change the locks to secure the property and prevent unlawful re-entry.

7. Post-Eviction Briefing:

After the eviction, the landlord or lender may be briefed on the process, the condition of the property, and any other pertinent information. They will also receive copies of the documentation for their records.

04 | How does a warrant of possession impact tenants?

Warrants of possession can have a profound impact on tenants, affecting not only their housing situation but also potentially their financial and emotional well-being.

A warrant of possession leads to their eviction from the property, which can be distressing, especially for long-term residents, and triggers financial strain due to the cost of moving, securing new housing, and covering storage fees, along with potential extended emotional strain and a negative effect on the tenant’s credit score, hindering future housing opportunities.

Tips for navigating the process:

• Seek legal advice: It is advisable for tenants to seek legal advice as soon as they receive a notice or become aware of a potential eviction. Understanding your rights and the legal process can be empowering.
• Consider seeking a suspension: Tenants facing eviction due to a warrant of possession can apply to the court to suspend the warrant using Form N244. In the form, explain why the eviction should be delayed or stopped, such as if you have paid off the arrears or have managed to arrange a last-minute repayment plan with the landlord. Include evidence like bank statements, repayment schedules, or communications with the landlord to support your claims. A successful application can halt the eviction, giving you more time to resolve the issues or find alternative housing.
• Open communication: Maintain open communication with the landlord to understand the grounds for eviction and explore any possible resolutions.
• Document everything: Keep a record of all communications, payments, and any attempts to resolve the issues leading to the eviction.
• Abide by legal instructions: Follow all legal instructions and court orders. Resisting a warrant of possession without legal grounds can lead to further complications.
• Plan for the future: Start looking for alternative housing options early. Having a plan can alleviate some of the stress associated with eviction.

05 | How does a warrant of possession impact homeowners with a mortgage?

Eviction due to mortgage arrears can significantly distress homeowners who are researching ways to halt repossession of a property. Beyond the immediate loss of shelter, eviction adversely impacts credit scores, financial stability, and emotional equilibrium.

We have collected some tips for you as a homeowner to help mitigate the worst of the consequences.

Tips for homeowners:

1. Early communication: Engage with your lender at the earliest sign of financial trouble. Lenders may be open to alternative payment arrangements, averting legal action. Consider arranging a repayment plan in an effort to get your finances back on track.
2. Legal advice: Seek legal advice, especially when a court hearing or a warrant of possession is imminent. Legal experts can demystify the process and provide crucial guidance.
3. Consider seeking a suspension: In the face of an issued warrant of possession, you have recourse to request a suspension from the court. This entails filing an N244 form, elaborating why the eviction should be halted or deferred, such as having cleared the arrears or having a concrete plan to do so. Evidence supporting your claims, such as bank statements or agreed repayment plans with the lender, is crucial to include in the application. A successful suspension halts the eviction, granting you a reprieve to rectify the underlying issues​.
4. Financial counselling: Consult a financial adviser to understand the implications of eviction and explore alternative financial solutions.
5. Documentation: Maintain thorough documentation of all communications with your lender, payments, and other related transactions. This could prove indispensable during court hearings or in a suspension application.

In Summary

Understanding how a warrant of possession works is essential for landlords dealing with unauthorised occupants, as well as tenants and homeowners facing eviction. Getting legal advice throughout is critical. Whatever your position is, knowing your rights and the path ahead of you can help you make the best of the situation.

The process of acquiring a warrant of possession starts when rent or mortgage payments are missed. For landlords and lenders, the aim throughout the process is to regain control of the property while for tenants and homeowners such as yourself, dealing with mortgage arrears, the goal is to avoid eviction.

Before a warrant of possession can be applied for, the legal steps of serving a notice and applying for a possession order must be completed. If commencing with these steps does not resolve the issues, a court hearing will follow.

Here, a judge decides whether to issue a possession order based on the evidence provided. If an outright possession order is issued, a warrant of possession can follow if the property is not vacated. When a warrant of possession is issued, the court will send out an eviction notice, confirming the date on which bailiffs will carry out the eviction.

While a warrant of possession may seem final, it is possible to get a court to suspend an eviction, however, this is uncommon. If you want to suspend an eviction order, you should seek expert professional legal assistance.

This article has aimed to guide you through the basics of warrants of possession. By knowing the process, you can better understand your position and what steps to take next.

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