Skip to main content
Shelter Logo
England

Eviction for rent arrears by a council or housing association

How to stop an eviction

A notice of eviction from the bailiffs means the court has set an eviction date.

Your council or housing association can ask bailiffs to evict you if either:

  • you break the conditions in a suspended order

  • the possession date on an outright order has passed

They have to apply for an eviction warrant.

The notice tells you the time and date that bailiffs are due to come.

You can still take action to keep your home. Get legal advice.

Ask your landlord to cancel the eviction

The council or housing association might stop the eviction even at this late stage if you show that you will pay:

  • your normal monthly rent in full

  • an extra amount each month towards the arrears

Show them the steps you have taken or will take to deal with rent arrears.

If your landlord agrees to stop the eviction

Your council or housing association should tell the court if they agree to delay the eviction.

Check with the court and the bailiffs that they've done this, or the eviction could still happen.

You must stick to the repayment plan or your landlord could ask for a new eviction date.

If your possession order was made on ground 8

The court cannot stop eviction from a housing association tenancy if your possession order was made on ground 8.

Ask the council for homeless help before the eviction date.

Find out what happens on the eviction date.

If the possession order was made on a different ground, you can still ask the court to suspend the warrant but you must act quickly.

Ask the court to suspend the eviction warrant

There are 3 steps to this process:

  1. Fill in the N244 form

  2. Return it to the court

  3. Go to a short hearing where a judge decides what happens

It costs £14 to apply. It is free if you get help with court fees.

You should apply to court at least 3 days before the eviction is due to take place.

Applying on the day of the eviction

It's very risky to leave it this late to apply to suspend the warrant.

Phone the bailiffs to tell them you've applied. The eviction could happen while you're at court if you do not let them know.

Complete the N244 form

Form N244 is on GOV.UK and you can get it from the court.

You can either:

  • complete it online

  • fill in a paper form

How to fill in the N244 form

In the top box in the right hand corner fill in the name of the court, the claim number and the warrant number. You can find these details on the bailiffs' notice of eviction.

  • Question 1 - Write your full name

  • Question 2 - Tick defendant

  • Question 3 - Write 'I ask the court to suspend the warrant for possession on terms. I can meet my contractual rent payments and can offer £XX each week towards the arrears.'

  • Question 4 - Tick no

  • Question 5 - Tick at a hearing

  • Question 6 - Write 0 hours 10 minutes and tick no

  • Question 7 - Leave blank

  • Question 8 - Write district judge

  • Question 9 - Write claimant

  • Question 9a - Leave blank

  • Question 10 - Tick evidence set out in the box below and provide details

  • Question 11 - Leave blank if you do not have a witness. If you have a witness, only tick this box if they are vulnerable. You have to explain to the court why you think they're vulnerable.

Page 4 - Sign and date the Statement of Truth.

Page 5 - Fill in your address, phone number and email.

What to write in the question 10 evidence box

Include evidence of your income, spending and other debts.

You must show that you can:

  • pay both your full rent

  • repay your arrears in instalments over time

Explain:

  • why you have rent arrears  

  • what you've done to deal with the arrears 

  • why you broke the terms of an agreed repayment plan or a suspended order

For example, if you broke the order because of a sudden drop in wages or benefits.

You can continue on a separate piece of paper if you run out of space on the form. Keep it brief and factual. Use short sentences and number the paragraphs.

Return the form to the court

Tell your council or housing association that you've applied to suspend the warrant.

The court will give you an appointment for an application hearing. The hearing could be on the same day if the bailiffs are due in the next few days. 

Go to the court hearing

The hearing usually takes about 10 minutes.

You should go in person unless everyone has agreed to a phone or video hearing.

At the hearing, the judge will either:

  • suspend the warrant and tell you how much to pay to clear the arrears over time

  • decide that the eviction should go ahead

The eviction will go ahead if you do not go to the hearing.

What to take to the hearing

Take any evidence that shows you can pay your full rent and reduce your arrears.

For example:

  • letters about benefits

  • a job offer from an employer

  • bank statements showing recent payments  

You have to make regular payments that you can afford.

The court could tell you to pay as little as £4.54 a week if you get benefits or have a very low income.

If the court suspends the warrant 

The eviction is cancelled and you can stay in your home.

You must pay your rent and reduce your arrears on the terms set by the court.

If you break the terms, your council or housing association can apply for bailiffs again.

You can ask a court to suspend a warrant more than once.

But the more times you break the terms of a warrant, the less likely it is that a judge will accept that it's reasonable for you to stay in your home.

Last updated: 19 June 2024

If you need to talk to someone, we'll do our best to help

Get help