This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to apply for a court order to stop eviction in England and Wales. This comprehensive guide explains how to suspend or stay eviction warrants or writs, set aside possession orders, use Form N244, meet deadlines and present evidence to delay enforcement and protect your home.
Eviction and Court Orders
Eviction is a formal legal process in England and Wales whereby a landlord or mortgage lender obtains a court order to repossess a home or rented property. Whether facing eviction as a tenant or a homeowner under a possession order, there are specific legal steps and protections that allow you to ask the court to stop or delay eviction. This article explains how the eviction process works, what options are available to challenge or delay it, the forms you may need, time limits to observe and the practical steps you could consider if you want to remain in your home or gain time to resolve the situation.
Understanding the Eviction Process
Before you can ask a court to stop eviction, it's important to understand how eviction normally proceeds.
Possession Orders
For rented property, a landlord must follow statutory procedures and obtain a possession order from a county court before enforcing eviction. This usually arises after service of a valid notice (for example under the Housing Act 1988) and a court claim for possession. A judge may grant:
- An outright possession order, requiring you to leave by a specified date.
- A suspended possession order, allowing you to stay if you meet conditions such as payment of arrears.
If you fail to comply with these orders, a landlord may apply for a warrant of possession (county court) or a writ of possession (High Court) to authorise enforcement by bailiffs or High Court Enforcement Officers.
When You Can Apply to Stop Eviction
Once a warrant or writ is issued, or a possession order has been made, you generally cannot simply refuse to leave. The law, however, provides procedural avenues to challenge or delay enforcement:
1. Application to Suspend or Stay a Warrant or Writ
If the court has issued a warrant or writ for possession, you may apply to the court to suspend (temporarily delay) or stay (postpone) the eviction. Shelter and government guidance explain that this can delay or prevent eviction until a hearing where a judge will consider whether it is reasonable to allow you to remain.
- Form N244 – This is the standard civil procedure form used to make an application to the court to suspend or stay enforcement of a possession order or warrant. You must file it with the court that issued the warrant or writ and pay the relevant fee, unless you qualify for a fee remission.
- Supporting evidence – You should include a witness statement or written evidence explaining why the court should delay or stop the eviction (for example serious hardship, inability to find alternative accommodation in time, procedural irregularities, or other exceptional circumstances).
If a hearing is scheduled, the judge will decide whether to grant the suspension or stay, which delays the eviction to a later date or until specified conditions are met.
2. Application to Set Aside or Vary a Possession Order
If a possession order (the earlier stage court order) was made and you believe it was wrong, you may apply to the same court to set it aside or vary it. Under the Civil Procedure Rules, you can ask the court to set aside an order if, for example:
- You did not have the opportunity to present a defence at the original hearing.
- There was a procedural error, such as improper service of documents.
- You had a good reason for not attending the original hearing and the court judge concludes it is just to rehear the matter.
An application to set aside or vary a possession order is also made using Form N244, and should include evidence supporting your case. If you are seeking this after a possession order has already led to a warrant or writ, you should also request a stay of execution on the same form so that eviction does not proceed while your application is considered.
3. Grounds for Challenging or Delaying Eviction
The court will not automatically grant applications to stop eviction. Valid grounds may include:
- Procedural errors in the possession proceedings (for example invalid notices or failure to follow legal steps).
- Lack of notice or opportunity to attend the original hearing and present a defence.
- Serious hardship or exceptional circumstances that justify delaying enforcement (for example significant health issues or inability to secure alternative housing in the short term).
- Discretionary grounds for possession where the judge retains authority to adjourn or suspend orders.
The court has discretion to weigh evidence and decide whether delaying eviction is reasonable in all the circumstances.
Practical Steps to Apply for a Court Order to Stop Eviction
1. Act Promptly
Once you receive an eviction notice setting a date for bailiff enforcement, time is critical. You should prepare and submit your application before the eviction date. Government guidance notes that you must follow instructions on the notice about how to apply to suspend or stay the warrant, and file the application before the enforcement date and time.
2. Complete the Correct Court Forms
- Form N244 – This is used for both applications to suspend/stay enforcement and to set aside or vary existing orders.
- Witness statement – Prepare clear evidence setting out why eviction should be delayed or the order revisited. Explain your personal circumstances and any legal or procedural errors that support your case. Organise supporting documents like medical reports, housing searches or correspondence with your landlord.
3. Attend the Hearing
If the court schedules a hearing on your application, attend personally or with legal/housing adviser support. The judge will hear both your arguments and the landlord's or lender's position before deciding whether to grant the order to stop the eviction.
4. Consider Alternative Housing and Legal Support
Even if your application to delay eviction is successful, it may provide temporary relief rather than a permanent solution. Use the time to:
- Secure alternative accommodation.
- Seek legal advice from housing law specialists, charities (such as Shelter or Citizens Advice) or solicitors experienced in eviction and possession law.
- Explore housing support from local authorities if you are at risk of homelessness.
Time Limits and Important Considerations
- There is no automatic right to stay eviction indefinitely. Courts exercise discretion and may only delay enforcement for a limited period or until certain events occur.
- Applications to set aside a possession order must be made before you have been evicted, though in limited cases a court may consider such applications after eviction if there was a procedural flaw.
- If your eviction stems from a mandatory ground (for example serious rent arrears where the law requires possession), the scope for courts to suspend or adjourn the order may be more limited.
- Changes in housing law, including reforms of eviction procedures and “no fault” evictions under Section 21, are evolving. For example, Section 21 notices are being phased out with reforms to renter protections coming into effect at set future dates, which may affect eviction rights and defences.
Common Questions
Can you stop eviction at the last minute?
Yes. You can apply to suspend or stay enforcement of a warrant or writ up to and before the eviction date, but you must file the correct forms and provide evidence justifying delay. The court has discretion to grant or refuse the application.
What form do you use to ask the court to stop eviction?
You generally use Form N244 to apply for a stay or suspension of an eviction warrant or writ, or to set aside or vary a possession order. This form must be supported by relevant evidence.
Do you have to attend a hearing?
Often yes. If the court schedules a hearing on your application, attending enables you to present your case directly to the judge. The court may grant an order without a hearing in rare situations where evidence is clear and uncontested.
Key Takeaways
Applying for a court order to stop eviction in England and Wales involves understanding the possession and enforcement process, acting within strict deadlines and using the correct procedures. Tenants and occupants can apply to suspend or stay a warrant or writ of possession using Form N244, supported by evidence of hardship, procedural error or other compelling reasons. You may also apply to set aside or vary a possession order if there were procedural failings or you were unable to present a defence. Success depends on the strength of your evidence and the court's discretion. Timely action, clear documentation and, where possible, professional advice increase your chances of delaying eviction and gaining time to resolve your housing situation.
