Tenant Won't Leave After Court Order: Bailiffs, Council Duties, and Intentional Homelessness

You have a possession order. The date has passed. The tenant is still there.

This is one of the most frustrating stages of the eviction process — and one where landlords are most tempted to take matters into their own hands. Do not. The law is absolute on this point, and the consequences of getting it wrong are severe.

This guide explains why tenants often stay past the possession order date, what the council's role is, how bailiff enforcement actually works, and what you can and cannot do while you wait. For the full Section 8 process from notice to court order, see our complete Section 8 notice guide.

Disclaimer: This guide is for information only and does not constitute legal advice.

Why Tenants Stay: The Council's Homelessness Advice

The single biggest reason tenants remain in the property after a possession order is advice from their local council.

Under Part 7 of the Housing Act 1996, local authorities have a statutory duty to assist people who are homeless or threatened with homelessness. When a tenant approaches the council after receiving a possession order, the council's housing team will typically advise them to stay in the property until the bailiff physically removes them.

Why? Because of the concept of intentional homelessness.

If a tenant leaves voluntarily — even after being ordered to leave by a court — the council may determine that they made themselves intentionally homeless. This can disqualify them from the council's full rehousing duty, leaving them with only limited assistance.

By contrast, if the tenant stays until a bailiff enforces the warrant, the homelessness is treated as involuntary. The council's full duty to find them suitable accommodation is triggered.

This is not the tenant being difficult for the sake of it. It is the tenant following the advice they have been given by their council's housing team. Understanding this does not make it less frustrating, but it should inform how you respond.

Applying for the Warrant of Possession

If the tenant does not leave by the date specified in the possession order, you must apply for a warrant of possession. This is the legal mechanism that authorises county court bailiffs to physically remove the tenant from the property.

How to apply:

1. Complete Form N325 (Request for Warrant of Possession)
2. Pay the court fee — currently £152 (HMCTS fee list EX50)
3. Submit to the county court that made the possession order

The court will issue the warrant and schedule a date for the bailiff to attend the property. You will receive a letter confirming the date. The bailiff will also notify the tenant.

Typical timescale: Four to six weeks from submitting the warrant application to the bailiff attending the property.

What Happens on Eviction Day

On the scheduled date, county court bailiffs attend the property. They will:

• Ask the tenant to leave voluntarily
• Remove the tenant and any remaining occupants if they refuse
• Hand possession of the property to you (or your agent)
• Change the locks

You should attend on the day (or send a representative) to take immediate possession and secure the property. Bring a locksmith in case the existing locks need replacing.

If the tenant has left belongings behind, you have a legal obligation to store them for a reasonable period and make reasonable efforts to allow the tenant to collect them. You cannot simply dispose of the tenant's property on eviction day.

The Protection from Eviction Act 1977: Why You Must Wait

The Protection from Eviction Act 1977 makes it a criminal offence to illegally evict a residential occupier. This applies even if you have a court order.

Actions that constitute illegal eviction:

• Changing the locks while the tenant is out
• Removing the tenant's belongings
• Cutting off gas, electricity, or water
• Entering the property without proper notice to intimidate the tenant
• Using threats or harassment to pressure the tenant to leave

The penalties are severe: an unlimited fine, a potential prison sentence, and civil liability to the tenant for damages. Tenants who are illegally evicted can claim substantial compensation — and courts are unsympathetic to landlords who took the law into their own hands when a lawful route was available.

Even if the tenant owes months of rent, even if they are damaging the property, even if the court has ordered them to leave — you must follow the legal process. The bailiff is the only person authorised to remove the tenant.

Realistic Post-RRA Timelines

Since the abolition of Section 21, the entire possession process takes longer than many landlords expect. Here is a realistic timeline for a rent arrears case:

For Ground 1A (selling), add the four-month notice period, bringing the total to roughly nine to twelve months.

The best way to shorten this timeline is to have your evidence in order from the start. Courts process well-documented cases faster, and strong evidence reduces the chance of adjournments. Our guide on how to serve a Section 8 notice correctly covers the procedural steps that avoid delays, and our step-by-step eviction checklist ensures you have everything the court needs.

Managing the Relationship While You Wait

The period between the possession order and the bailiff date is uncomfortable for both parties. The tenant is living in your property knowing they must leave. You are paying the mortgage (or losing rent) knowing there is nothing more you can do to speed things up.

What you can do:

• Communicate in writing — confirm the bailiff date when you receive it
• Continue to maintain the property — your obligations as a landlord do not end because a possession order has been made
• Document any damage or deterioration that occurs during this period
• Keep your evidence pack updated for any subsequent money claim to recover the debt

What you must not do:

• Visit the property without giving proper notice (24 hours minimum)
• Make comments or threats about the eviction
• Withhold maintenance or repairs as leverage
• Accept any informal arrangement to "extend" the stay without legal advice

Frequently Asked Questions

Why does the council tell my tenant to stay until the bailiff comes?

Councils have a statutory duty to house people who become homeless through no fault of their own. If a tenant leaves voluntarily before the bailiff enforces a possession order, the council may classify them as intentionally homeless and refuse to provide full housing assistance. By advising tenants to wait for the bailiff, the council ensures the tenant qualifies for rehousing support under Part 7 of the Housing Act 1996.

How long does bailiff enforcement take after a possession order?

After obtaining a possession order, you must apply for a warrant of possession (Form N325, fee £152). County court bailiffs typically schedule the eviction four to six weeks after the warrant is issued. The total time from possession order to physical eviction is usually six to ten weeks.

Can I change the locks if I have a possession order but the tenant won't leave?

No. Even with a valid possession order, only a court-appointed bailiff can legally carry out the eviction. Changing locks, removing belongings, cutting off utilities, or intimidating the tenant is a criminal offence under the Protection from Eviction Act 1977 — regardless of what the court has ordered. The penalties include an unlimited fine and potential imprisonment.

This article is for informational purposes only and does not constitute legal advice.