How to Apply for a Court Order to Stop Eviction

Facing eviction can be distressing and overwhelming. In England and Wales, the law protects tenants and offers specific legal routes to ask a court to stop or delay eviction under certain circumstances. This comprehensive guide explains the legal options, procedural steps, forms and time limits involved in asking a court to intervene, with clear explanations suitable for tenants, students, housing advisers and solicitors alike.

Introduction

An eviction is a legal process by which a landlord regains possession of a property. For most lawful evictions in England and Wales, a landlord must first obtain a possession order from the court and then enforce it through bailiffs or enforcement agents. A tenant's right to occupy does not end until the court has granted and enforced that order. In some situations, a tenant can apply to a court to stop or delay eviction, especially where circumstances have changed, procedural errors are evident or there are grounds for defence. Understanding the legal steps and available forms is crucial to protect your home and rights.

1. Basics of Eviction Law in England & Wales

Before discussing how to apply for a court order to stop eviction, it is important to understand the eviction process:

• Landlord serves a notice (such as a Section 8 or Section 21 notice) to give notice of their intention to seek possession. A Section 21 notice is a “no‑fault” notice traditionally used to begin eviction without alleging a breach of tenancy; this is set to be abolished for most tenancies from 1 May 2026 under the Renters' Rights Act.
• If the tenant does not leave by the end of the notice period, the landlord must apply to court for a possession order.
• After a court grants a possession order, if the tenant still occupies the property, the landlord can apply for a warrant of possession to instruct enforcement by bailiffs.

At each of these stages, tenants may have legal options to defend or respond to proceedings, or to ask the court to delay further action.

2. Responding to Possession Proceedings

Once a landlord has issued possession proceedings with the court:

• You will receive court papers, including a possession claim form and the particulars of claim that explain why your landlord wants possession.
• You should read all court documents carefully and meet deadlines. In most cases, you have 14 days from being served with the claim form to send a defence to the court if you intend to contest the landlord's case.
• Completing a defence form and explaining why the eviction is unreasonable or unlawful can sometimes prevent a court from granting a possession order.

Filing a defence is different from applying to stop an eviction warrant after a possession order is granted; both have separate procedures.

3. Applying to Stay or Suspend Eviction After a Possession Order

If a possession order has already been made and eviction is proceeding, you may still be able to apply to the court to suspend or stay the eviction in certain circumstances:

Form N244 – Application Notice

The key form for asking a court to stop or delay eviction is Form N244 (Application Notice). This official court form allows you to request specific orders from the court, such as suspending a warrant of possession or seeking a stay of execution.

• Purpose of Form N244: To ask the court to reconsider enforcement action, such as stopping bailiffs from evicting you or suspending a warrant of possession.
• Where to submit it: To the County Court hearing centre where the possession order or warrant was issued. If possession proceedings were started online via the Possession Claim Online Service (PCOL), you may also be able to submit your application online.

What to Include in Your Application

When completing Form N244, you should clearly set out:

• What order you are asking the court to make, such as a suspension of the warrant of possession.
• The reasons why you want the eviction stopped or delayed. This might include:
  • Changed circumstances (for example, you have now secured income and can pay rent arrears).
  • A procedural error or defect in the landlord's claim or notice.
  • Exceptional hardship if eviction goes ahead immediately.
• Supporting evidence such as a witness statement, proof of income, medical reports or correspondence.

Fees and Fee Remission

• There is usually a fee to apply using Form N244. However, if you are on a low income or receive certain benefits, you may be eligible for fee remission.
• You can include a fee remission application (form EX160) with your N244 submission.

4. The Court Hearing

After submitting Form N244:

• The court will notify the landlord and may set a hearing date to decide your application.
• At the hearing, you should attend and be prepared to explain your reasons for asking the court to stop or delay eviction.
• The judge will consider the facts, evidence and circumstances, including whether the original order was discretionary and whether there is good cause to grant the suspension or stay.

A successful application can result in:

• Suspension of the warrant of possession, delaying the eviction.
• A stay of execution, meaning the enforcement of the eviction is paused.

However, the court is not required to grant a stay or suspension in every case, especially where the original possession order was made on mandatory grounds (for example due to serious rent arrears where the court had no discretion).

5. Emergency Applications and Last‑Minute Action

If bailiffs are scheduled to attend and you have not applied in advance:

• You can still use Form N244 to apply for an urgent hearing, even on the day of eviction, as long as the court accepts the filing and a hearing can be arranged.
• Judges have the power to temporarily stay a warrant pending a full hearing on your application.

Prompt action is essential: do not wait until the eviction has begun as it may be too late to prevent the physical enforcement of the possession order.

6. Grounds for Challenging an Eviction

When asking a court to stop eviction or suspend a warrant, you may rely on one or more of the following:

Invalid Notice or Procedural Error

A landlord's notice may be defective if it fails to comply with legal requirements (for example, incorrect periods or missing prescribed information).

Changed Circumstances

If you can show that circumstances have changed since the possession order was made (such as reducing rent arrears or securing alternative accommodation), the court may be persuaded to suspend the eviction.

Human Rights, Discrimination or Vulnerability Issues

In some situations, legal arguments based on human rights or discrimination law arising from the facts of the case may provide a basis to ask a court to delay eviction until appropriate support arrangements are in place.

Illegal Eviction Claims

If a landlord attempts to evict you without following proper legal process, you may be entitled to apply for an injunction and compensation. An injunction is a court order that can require a landlord to stop unlawful conduct and may allow you back into your home.

All legal grounds should be discussed with an adviser, solicitor or housing expert when possible, as their application will depend on the facts of your own case.

7. Time Limits and Deadlines

• You must send your Form N244 to court before the eviction is executed by bailiffs.
• Responses to possession claims, such as defence forms, have set time limits (typically 14 days).
• Courts expect applications to be made promptly once you know of the enforcement action.

Failing to act in time may mean you lose the chance to ask the court to stop the eviction.

8. Practical Considerations and Support

• Free legal advice is available from organisations such as Citizens Advice, Shelter and law centres.
• Early advice increases the chance of effectively responding to court proceedings and preparing a strong application.
• If you are likely to qualify for legal aid, ask an adviser how to proceed.

Preparing documents, understanding deadlines and presenting your case clearly increases the likelihood that a judge will consider your application favourably.

Key Takeaways

Applying to the court to stop an eviction in England and Wales involves:

1. Understanding the eviction process, including notices and possession orders.
2. Responding to possession proceedings within time limits and, if possible, filing a defence.
3. Using Form N244 (Application Notice) to ask the court to suspend or stay eviction warrants.
4. Attending the court hearing, presenting reasons and evidence to support your application.
5. Considering legal grounds such as changes in circumstances, errors in the landlord's case or potential unlawful eviction.
6. Acting quickly and seeking free or paid legal advice where available.

Being informed and proactive enhances your ability to engage effectively with the legal system and protect your housing rights.