HA 1988 s. 9

Court may suspend possession order: HA 1988 s. 9

Under HA 1988 s. 9, courts may stay, suspend or postpone possession on assured tenancies with rent arrears terms, unless Schedule 2 Part I or s. 21 applies.

Official text HA 1988 s. 9 — United Kingdom

Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy. On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, may— stay or suspend execution of the order, or postpone the date of possession, for such period or periods as the court thinks just. On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent . . . and may impose such other conditions as it thinks fit. If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house— on any of the grounds in Part I of Schedule 2 to this Act; or by virtue of subsection (1) or subsection (4) of section 21 below.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 9 is where a tenant facing possession on a discretionary ground finds room to breathe. The court may adjourn possession proceedings for such period or periods as it thinks fit; and on making an order for possession, or at any time before it is executed, it may stay or suspend execution or postpone the date of possession for such period or periods as it thinks just. That second power runs right up to the moment of execution, which is why an application can still be made after an order has been made and even after a warrant has been issued.

Subsection (3) makes the price of that indulgence explicit. On any such adjournment, stay, suspension or postponement, the court "shall" impose conditions about payment of arrears and rent - unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable - and it may impose other conditions as it thinks fit. That is the statutory basis of the suspended possession order: possession, but not to be enforced so long as the tenant pays the current rent plus an agreed sum off the arrears. Subsection (4) then allows the court, if the conditions are complied with, to discharge or rescind the order entirely.

Subsection (6) is the limit that decides whether any of this is available at all. The section does not apply where the court is satisfied that the landlord is entitled to possession on any of the grounds in Part I of Schedule 2 - the mandatory grounds. So on Ground 8, the mandatory arrears ground, none of these powers exist, and that is the practical difference between a claim brought on Ground 8 and one brought on Grounds 10 and 11.

When it applies

  • A tenant in arrears asking the court for time to pay rather than an outright order.
  • An application to suspend a warrant days before the bailiffs are due.
  • A tenant who has kept to the terms of a suspended order and wants it discharged.
  • Arrears caused by a benefit delay that has since been resolved.
  • Understanding why a claim brought on the mandatory arrears ground offers no room for a payment plan.

What this section does not say

  • It does not apply on mandatory grounds. Subsection (6) shuts the section out where the landlord is entitled to possession on a Part I ground.
  • It does not cancel the arrears. Conditions about paying them are the normal price of a suspension, not a write-off.
  • It is not a defence. The ground still has to be resisted or admitted; section 9 only affects what the court does about the order.
  • It does not give an unlimited number of chances. The powers are discretionary and a history of broken conditions is relevant to whether they are exercised again.
  • It does not apply after the order has been executed. The powers run up to execution, not beyond it.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A tenant falls four months behind after a benefit payment stops. The problem has since been resolved and the payments have restarted, but the possession hearing is in a fortnight and the tenant wants to stay.

How the wording applies

Section 9 lets the court adjourn, or stay, suspend or postpone possession, and subsection (3) says that when it does it shall impose conditions about payment of arrears and rent unless that would cause exceptional hardship or be unreasonable - which is where the suspended possession order comes from. The fact that decides whether any of it is available is subsection (6): the powers are shut out where the landlord is entitled to possession on a mandatory ground, so everything depends on which ground the landlord has pleaded.

How the parties settled it

The tenant agrees to pay the current rent plus a fixed monthly sum off the arrears, and the landlord agrees to ask the court for a suspended order on those terms rather than an outright one.

Illustrative example

A tenant has kept to the terms of a suspended possession order for eighteen months without missing a payment and wants the order removed rather than hanging over them.

How the wording applies

Subsection (4) allows the court, if the conditions are complied with, to discharge or rescind the order entirely - so a suspended order is not necessarily permanent. The fact that supports the application is the payment record itself, and the corollary is that a history of broken conditions is equally relevant if a further indulgence is ever asked for.

How the parties settled it

The landlord agrees not to oppose an application to discharge the order once the arrears are cleared in full, and the tenant agrees to keep the standing order in place until that point.

Related sections

HA 1988 s. 7 Section 7 Housing Act 1988: the grounds on which a possession order can be made HA 1988 s. 8 12 month limit for section 8 notice HA 1988 s. 8 HA 1988 s. 5 Landlord notice to quit has no effect: HA 1988 s. 5

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of HA 1988 s. 9 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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