Is a writ of possession a warrant?

Asked by: Prof. Nash Auer  |  Last update: February 10, 2026
Score: 4.3/5 (75 votes)

A writ of possession is a court order, similar to a warrant, authorizing law enforcement (like sheriffs or bailiffs) to forcibly remove occupants and return property to the rightful owner, but it's issued by the High Court, while a warrant (like a Warrant of Execution/Possession) usually comes from a County Court to enforce a possession order, with the key difference often being the court level and enforcement agent (High Court Enforcement Officer vs. County Court Bailiff). Both are legal instruments to enforce a judgment for property, but a writ is generally for High Court matters, often quicker, and involves HCEOs, whereas warrants are for County Court enforcement.

What is the difference between a writ and a warrant?

Any direct order that is issued under authority is a writ. Warrants and subpoenas are two common types of writs. A warrant, issued by a judge or magistrate, allows law enforcement like sheriffs or police officers to search a person or property, often called a search warrant.

What is a writ of possession in the UK?

Warrants and writs of possession are documents which permit a bailiff or High Court Enforcement Officer to enter your home, evict you from the property and return it to your landlord. A warrant is issued by the county court, and a writ is issued by the High Court.

Is a writ of possession the same as an eviction?

A writ of possession authorizes law enforcement to remove a tenant from a property and give possession to the landlord,” shares expert F. Shawn Mughal, attorney at law at Mughal Law Firm PLLC. A writ of possession isn't the same as an eviction. It's just one possible step in the eviction process.

Can you fight a writ of possession?

If they rule in the landlord's favor, they will grant a writ of possession, giving the landlord the right to reclaim the property through the sheriff's department. You can appeal an unfavorable ruling, but you will likely need to vacate the rental in the interim.

County Court Bailiff Warrant of Possession (A Quick Summary)

24 related questions found

What's the success rate of writ petitions?

Writs permit the appellate court to review nonappealable judgments and orders. Writ relief is extraordinary and completely discretionary, so 90-95% of them are denied, usually without explanation. The Court of Appeal has “original” jurisdiction over a writ petition.

What to say to a judge to stop eviction?

To avoid eviction, tell the judge you are actively seeking rental assistance, have a strong defense like proof of payment or landlord issues (retaliation, poor conditions), or have a viable plan to pay back rent/get current, showing you're a responsible tenant trying to resolve the situation, while bringing evidence like payment receipts or photos. Focus on your efforts to fix the problem (paying/seeking aid) rather than just excuses, and ask the judge for time or a payment plan. 

What are the three types of possession?

The main types of possession are actual, constructive, and joint possession. Each type of possession involves different levels and forms of control, knowledge, and use of an asset.

Can a landlord evict you if you're suing them?

While it's certainly possible that a landlord might take retaliatory action during a claim, the good news for tenants is that both state and federal laws make retaliatory conduct, including evictions, illegal.

Can you extend a writ of possession?

Extending the Eviction Process If You've Been Sued

You'll need evidence like receipts, communication records with the landlord, photos of the property condition, etc. At the court hearing, you can request a stay or continuance which gives you more time before being evicted.

Will bailiffs give up?

Will bailiffs give up if they cannot collect payment? Yes, in many cases bailiffs do eventually stop if they cannot collect payment or seize goods.

What happens after a warrant is issued in the UK?

The enforcement agent will usually send the debtor a letter saying that a warrant has been issued and that he or she must pay within seven days. If the defendant pays, the court will send you the money. This could take up to 15 days if the debtor paid by cheque (to make sure that the cheque has cleared).

Does a warrant mean I'm going to jail?

Not necessarily. In some cases, your warrant may be able to be recalled without ever having to appear in court, post bail, or spend time in jail. This depends on the particular circumstances. For bench warrants relating to misdemeanor offenses, your attorney can typically appear in your absence to clear the warrant.

What does it mean to be served with a writ?

A writ, in legal terms, is a formal written order issued by a court or other competent judicial authority. It serves as a directive that mandates or authorises the recipient to perform or refrain from performing a specific act.

What is the UK version of a warrant?

A court warrant (also mis-spelled warrent and warrents) is a warrant usually issued by a Magistrates' or Crown Court. This 'catch all' term for court warrants covers: a warrant for arrest and arrest warrants. a search warrant and police search warrants.

How to protect yourself from being sued as a landlord?

Here are some of the best practices:

  1. Form a limited liability company (LLC). ...
  2. Get landlord liability insurance. ...
  3. Screen your tenants carefully. ...
  4. Maintain your property in good condition. ...
  5. Have a written lease agreement. ...
  6. Communicate with your tenants regularly.

What is the minimum time a landlord can evict you?

A section 21 notice has to give you at least 2 months. Some tenants have a right to a longer notice. For example, 3 months' notice if your rent is due every 3 months.

Is it worth suing for unpaid rent?

Taking a tenant to court for rent arrears can be worth it for a formal judgment to pursue collection (like wage garnishment or property liens), but it's often a difficult and costly path; many landlords focus first on quick eviction and moving on, considering the money lost as a cost of business, especially if the tenant has few assets, but debt reporting can help long-term. The key is prioritizing getting possession of the property first via eviction, then seeking a judgment for damages (unpaid rent, fees) through small claims court. 

What is the most common type of possession case?

The two most common types of possession are: Actual possession, also called possession in fact, is used to describe immediate physical contact. This case from New York, explains that “actual possession is what most of us think of as possession—that is, having physical custody or control of an object.”

What are the three documents in possession?

Documents Required for Possession Certificate

  • Identity Proof: Such as your Aadhar Card or Voter ID.
  • Sale Deed: Proving the sale and purchase of property.
  • Land Records: For establishing the lineage of the property.

What type of offence is possession?

Possession means being caught with drugs, even if they do not belong to the person caught. The police have the power to stop, detain and search people on 'reasonable suspicion' that they are in possession of a controlled drug.

Is it hard to win an eviction case?

Especially since nearly all landlords (83 percent) have an attorney in eviction court, it's no surprise that tenants rarely win their cases.

What is a good sentence for evict?

His landlord has threatened to evict him if he doesn't pay the rent soon. They were evicted from their apartment. Hence, the lender was able to evict you and sell the home.

How can a tenant be protected against illegal eviction?

If a tenant is facing unlawful eviction, the following remedies are available under Indian law:

  1. File a Police Complaint: ...
  2. Approach the Rent Controller or Court: ...
  3. File for Damages: ...
  4. Consumer Protection Act: ...
  5. Human Rights and Constitutional Remedies: