Applying for a bailiff
Introduction
Once you have obtained a possession order the tenant will be given a date to leave the property. The tenant has until midnight on that date to vacate the property. After that time the property should be checked to see whether the tenant remains in the property. If the tenant does remain in the property you cannot enter by yourself to retake possession.
If your tenant has not moved out then the next step is to enforce the possession order. Normally this is done by applying for a county court bailiff to visit the property to enforce the judgement.
Renters’ Rights Bill
The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.
Amongst other things, the Bill will -
• Abolish Section 21;
• Change the type of tenancy you can offer;
• Introduce a new Decent Homes Standard to the PRS;
• Change advertising practices; and
• Significantly strengthen local authority enforcement powers.
The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.
For further information on the passage of the Bill and its details, please see our dedicated campaigns hub
I have a possession order. How do I apply for a county court bailiff?
Once you have been granted a possession order, you can apply for a county court bailiff by sending an N325 form to the county court that issued the possession order. This document is free to download from the below link.
N325 form link
It is also highly likely that you will need to complete a bailiff risk assessment questionnaire. This document is also free to download from the below link.
EX97A form link
My possession order has not expired yet but I know my tenants will not be leaving the property. Can I apply for the bailiff before the order expires?
No, you must wait until the day after the date on which the possession order informs the tenants they must leave.
Court fees increased from 1 May 2024
The Government has announced that many court fees are set to increase by 10% from 1 May 2024.
For possession claims this means that fees will increase to -
- £391 for making a possession claim (currently £355)
- £303 for general applications to set aside or vary an order (currently £275)
- £143 for applying for a warrant of possession (currently £130)