A Guide to Suspended Possession Orders

The concept of a “suspended possession order” plays a pivotal role in balancing the interests of landlords and tenants. 

This article aims to help you understand suspended possession orders, exploring their definition, expiration, removal, and the consequences of breaching the terms.

notice of eviction

What is a Suspended Possession Order?

At its core, a suspended possession order is a legal remedy employed by the courts in housing disputes. It serves as a compromise, allowing individuals to retain possession of their property under specific conditions set by the court.

Key Components

Suspended possession orders come with conditions and terms imposed by the court, outlining the rights and responsibilities of both parties involved. The court assumes a crucial role in determining these conditions, tailored to the specifics of each case.

Often, disputes are based on two key areas:

  • Arrears - a tenant has fallen behind on rent payments
  • Anti-social behaviour - a tenant is causing disruption in the local area or at the property

It should be noted that if you have received a Section 2,1 no fault eviction notice you are unlikely to get a suspended possession order. You can challenge your eviction in other ways, in which you can get help from Citizens Advice.

When Does a Suspended Possession Order Expire?

Suspended possession orders expire after the terms of the order have been adhered to. Factors influencing expiration include the nature of the breach, the severity of the violation, and any extensions granted by the court. Renewals may be possible under certain circumstances.

Learn more about Expired Possession Orders.

Can You Remove a Suspended Possession Order?

Yes. Removing a suspended possession order is possible.

Once the order has been issued, the defendant has the option to apply for its discharge. However, this application must be submitted before the claimant seeks court enforcement of the order. Realistically, the court is generally hesitant to discharge a suspended possession order, particularly if there are outstanding rent arrears.

What Happens If You Breach a Suspended Possession Order?

The consequences of breaching a suspended possession order can be severe. Your landlord can request to the court for eviction. In this case, court bailiffs will visit your rental property to evict you.

What Happens If You Can't Pay?

Financial obligations are a critical aspect of suspended possession orders. If you do not pay your rent and the agreed additional payment for arrears you have accrued you will be evicted by the court. 

Can You Do Anything About Being Evicted?

If you decide to apply for a discharge of a suspended possession order then you need help. It does not necessarily mean you need legal representation but you should get help to stop eviction

Get Help From The Repossession Experts

Any type of possession order can cause stress and fear of losing your home. At HMS we understand that fear and try to help tenants and homeowners stay in their homes. 

If you need help to stop repossession then speak to the experts and make sure you keep your home.

Speak to us today and find out how we can help.