Ask the court to delay eviction

This advice is for tenants who do not have a right to stay when your landlord's property is repossessed.

The lender might call your tenancy 'unauthorised'. It does not mean your tenancy is not legal.

Some tenants have 'binding tenancies' with more rights.

When you can ask the court for more time

You can ask for up to 2 months' delay in the eviction process.

But you should ask the lender first.

If the lender refuses a delay or does not reply, you can ask the court.

You can ask the court either:

• before or at your landlord's repossession hearing

• after the hearing but before the bailiffs come to evict you

You can only ask the court to delay the eviction once.

Ask for a delay before a court hearing

You can write to the court to ask for more time.

You can use Form N244 to ask the court to:

• allow you to come to the landlord's court hearing

• send copies of court letters to you

You should do this before the court hearing.

The court's address is on the documents from the landlord's lender.

Ask for a delay at a court hearing

You can go to the hearing even if you do not write to the court.

The lender should write to tell you the date and time of the hearing.

Arrive at least 30 minutes early and tell the court usher why you are there.

The usher will tell you where to go and what to do.

Take evidence of your tenancy to show the judge. For example:

• your tenancy agreement

• bank statements that show your rent payments

If the judge makes a possession order, they can delay the date on the order by up to 2 months.

If you did not know about the hearing

You might not know about your landlord's mortgage problems until after the hearing.

For example, you might find a letter about bailiffs coming to the property to evict everyone.

The landlord's lender must send a letter to the property when they ask the court bailiffs to carry out an eviction.

You can still use the Form N244 to ask the court to ask to delay eviction. You might have to pay a fee.

You can ask for up to 2 months' delay if you have not asked the court for this before.

Leaving before the eviction date

The landlord's lender has to ask court bailiffs to come and evict you.

You do not have to wait to be evicted by bailiffs if you have somewhere else to move to.

You can ask the council for help if you're facing homelessness because of the eviction.

You should not have to pay for the cost of eviction. It is usually added to your landlord's debt.