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Suspended Possession Order / Suspended Order for Possession

  • Provided by a County Court judge at his discretion (if within his discretionary power) or
  • on application by the landlord / agent if satisfying strict criteria.
    • Having provided a valid notice to quit (s. 8, 21a, 21b),
    • a copy of any AST (or other evidence), and
    • court fee (recoverable from tenants);
  • the judge may grant any order for possession be suspended,
    • pending the tenant doing,
    • or refraining to do,
    • that which gave rise to the request for the order.
    • E.g. refrain from unacceptable conduct or pay rent.
  • The landlord may agree to such a term even where eviction is mandatory,
    • to give a tenant a second chance.
  • Formalising the agreement with a suspended order:
    • motivates the tenant to comply and
    • provides solace to the landlord that he can more easily return to court insisting on enforcement of the order for possession should the tenant fail to comply with the order.
Published: 11 November 2013 Last Updated: 17 November 2021