Suspended Possession Order

A suspended possession order is a court order granting the claimant possession of property but suspending the execution of that order on conditions, typically that the occupier pays current rent or mortgage plus an amount towards arrears. If the conditions are met, the occupier may remain in the property. If breached, the claimant may apply for a warrant of possession.

In practice

The court has discretion to suspend under s.36 of the Administration of Justice Act 1970 for mortgage cases and s.85 of the Housing Act 1985 for secure tenancies. Breach of the terms does not automatically result in eviction: the claimant must apply for a warrant of possession, and the court retains discretion to vary or suspend the warrant on a further application.