How to stop eviction by bailiffs

Your landlord could apply for an eviction warrant from the court if:

• the date on an outright possession order has passed

• you break the terms of a suspended possession order

For example, you break a suspended order if you pay late or pay less than you are told to.

Notice from the bailiffs

The bailiffs send you a notice of eviction.

This notice tells you the time and date that the bailiffs are coming.

It's addressed to anyone named on the court order and 'any other occupiers'.

Open letters to 'any other occupiers' if the tenant has left but you still live there.

The notice comes in a clear sealed envelope through your letterbox or put on your door.

When the court cannot stop an eviction

The court cannot usually stop:

• a section 21 eviction

• an eviction on rent arrears ground 8

• an eviction on another 'mandatory ground'

Rent arrears and ground 8

Private landlords and housing associations both use ground 8 for rent arrears.

They can use ground 8 if you owe at least:

• 2 months' rent and pay rent monthly

• 8 weeks' rent and pay rent weekly

The court cannot stop eviction on ground 8 if you owe at least 2 months' rent:

• when your landlord gives you notice

• on the day of the court hearing

Most private landlords want the eviction to go ahead if it has got to this stage.

Housing associations should only evict tenants for rent arrears as a last resort.

Ask your housing association to cancel a ground 8 eviction if you have a repayment plan.

Antisocial behaviour

You need to check what ground the possession order was made on.

Councils and housing associations might use a 'mandatory ground' in some serious cases. This means the court cannot usually stop the eviction.

Find out more about eviction for antisocial behaviour.

How to ask the court to stop your eviction

You need to take these 3 steps:

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 £15 to apply. You can usually pay in person, online or over the phone.

Contact the court to find out how to pay.

You can apply for help with court fees if you get benefits or have a low income.

Apply to court at least 3 days before the eviction is due to take place. You can apply on the eviction date but it is risky to leave it this late.

1. Fill in the N244 form

Form N244 and guidance notes are on GOV.UK.

You can also get a paper form from the court. The N244 form is called an 'application notice'.

You can either:

• complete it online and print it out

• fill in a paper form at the court

What to write on the N244 form if you have rent arrears

Put the name of the court, the claim number and the warrant number in the top box in the right hand corner. These are on the bailiffs' notice of eviction.

Your landlord is the claimant. You are the defendant. Write the names the same as on the bailiffs' notice.

Write today's date in the date box. Under the box write 'Warrant due to be executed on' and put the date the bailiffs are coming. You might need to write this by hand if you fill in the form on a computer and then print it off.

• Question 1 - Write your full name

• Question 2 - Tick defendant

• Question 3 if you pay rent weekly - 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 3 if you pay rent monthly - 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 month 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

• Question 11 - Tick 'yes' if you are vulnerable and write why in the box. For example, if you are disabled or have mental health problems. Tick 'no' if you are not vulnerable.

Page 4 - Sign and date the statement of truth.

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

The question 10 evidence box

The judge needs a reason to stop or delay your eviction.

Question 10 is where you explain why the judge should do this.

If you have rent arrears explain:

• why you missed payments  

• what you've done to sort this out 

• how you can pay your rent now

• your repayment plan for the arrears

• why you broke your repayment plan or possession order

Keep it short. Only write facts and things that are true.

Proof that you can keep to a repayment plan

You should send a recent financial statement in with the form if you have had debt advice.

You could use Money Helper's online budget planner to set out your income and spending. You can print it out and return it with the N244.

2. Return the form to the court

It's best to return the form at least 3 days before the eviction date. 

Ask the court how to return the form. For example, check if you need to take the form down in person or if you can send it by email.

Tell your landlord that you've applied to stop the eviction.

3. Go to the court hearing

The court gives you a time for an 'application hearing'. This could be on the same day if the bailiffs are due very soon. You might have to wait at court. 

Ask if a court duty adviser can help you before the hearing.

The hearing usually takes about 10 minutes.

At the hearing, the judge could either:

• decide that the eviction should go ahead 

• suspend the eviction - for example, if you can pay off rent arrears in instalments 

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

If the judge stops the eviction

The bailiffs will be cancelled and you can stay in your home.

You need to keep to the terms of a suspended eviction warrant.

For example, the court might tell you to pay £4.53 a week on top of your normal rent if you're on benefits or a low income. You could be told to pay more if you can afford it.

If you break these terms, your landlord can ask the court to send bailiffs again.

If the eviction goes ahead

You can ask the council for homeless help if you will have nowhere to live.

Do this before the bailiffs come. Find out what happens on the eviction date.