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Orders a judge can make

There are four different kinds of order that a judge can make. These are explained below.

1: Order for possession

An order for possession means you don't have the right to stay in the property you are renting after the date given in the order. The date will be either 14 or 28 days after your court hearing. Sometimes people call this order an ‘outright’ possession order.

If the judge makes a possession order, they will tell you in the hearing. You’ll also receive a copy of the order by post. The order will say that you must leave your home (otherwise known as ‘giving possession’) by a date set out in the order.

Eviction notice

If you don’t leave your home by the date given, your landlord can ask the court to evict you. They do this by asking the court for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home.

Find out what to do if you get a possession order by following the link below.

• Rent arrears - what happens after a hearing and what you should do

2: Suspended order for possession

A suspended possession order means that if you make the payments set out in the order, you can stay in your home. Usually you need to pay your rent plus an amount to reduce your arrears.

If you don’t make the payments, your landlord can ask the court to evict you. You’ll know that the judge has made a suspended possession order because:

• you’ll be asked to agree to regular payments in your hearing
• the court will post a copy of the order to you that will contain the words ‘Order for possession (Suspended)’
  

3: Money order

A money order means that you have to pay the landlord the amount set out in the order. If you don’t make the necessary payments, action could be taken by the courts to recover the money, including:

• deducting money from your wages or bank account
• sending bailiffs to take away things you own

A money order can’t be used by a landlord to evict a tenant. However, if you get into rent arrears after a money order has been made, your landlord can go to court again. As a result, the judge could decide to give the landlord a possession order at a later date.

4: Possession orders with money judgments

A judge can add a money judgment to any of the possession orders. This means that you owe a specific amount of money, usually made up of:

• your rent arrears
• court fees
• your landlord’s legal costs

The money judgment won’t apply if you pay your arrears and the amount set out in a suspended possession order.

However, the money judgment will apply if you don’t pay the amount set out in the suspended possession order that’s linked to the judgment. If you don’t pay, the landlord may ask the court to carry out the instructions in the order and the judgment.

What you should do if you get an order

Find out what to do about possession orders and eviction notices by following the link below.

• Rent arrears - what happens after a hearing and what you should do

Rent arrears – find out more

• Tenants and lodgers in arrears - what happens

• Preparing to go to court for rent arrears

• Going to court for rent arrears - what happens on the day

• Appealing against a judge's decision on rent arrears

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