How to Apply for a Stay of Bailiff Action

When a court has granted a possession order and a warrant or writ of possession has been issued, bailiffs (enforcement agents) can lawfully evict you from your home if you remain past the date set in the order. It is natural to want to keep your home if you face eviction, and the law provides limited mechanisms to ask a court to stay (pause) bailiff action. This article explains what a stay is, when and how you can apply for one, the forms and evidence required, procedural considerations, and what to expect once you apply. Where possible, clear steps are included for tenants and occupiers in England and Wales.

What Is a Stay of Bailiff Action?

A stay of bailiff action is a court order that halts or suspends the enforcement of an eviction by bailiffs or High Court Enforcement Officers (HCEOs). A stay means that, for a defined period or until further order, the warrant or writ cannot be executed against you. This is different from simply appealing the possession order; a stay directly targets the enforcement step.

When Can You Apply for a Stay?

You may apply for a stay when:

• a warrant of possession or High Court writ of possession has been issued and enforcement is imminent;
• you have good reasons why eviction should be delayed or prevented;
• you want to negotiate payment terms or rectify breaches such as rent or mortgage arrears; or
• you were unable to participate fully in the original possession proceedings.

A stay application does not automatically stop a bailiff attending your property unless the court grants the stay. Without a court order, bailiffs can proceed once their notice period (usually 14 days) has expired.

Step‑by‑Step: How to Apply for a Stay

1. Act Promptly as Soon as You Receive an Eviction Notice

Shortly before enforcement, the court or enforcement officer will send a notice of eviction showing the date and time bailiffs will attend. From this moment, time is critical. Delaying increases the risk that bailiffs will attend before a stay application is considered.

2. Use the Correct Form: Form N244

To ask a court for a stay of enforcement, you must complete Form N244 (Application Notice). This is the standard form in England and Wales for various applications including stays, suspensions, variations or to set aside enforcement.

The form requires you to provide:

• details of the possession order and bailiff warrant or writ;
• the reasons why you are asking for a stay;
• the specific order you want the court to make (for example, “stay enforcement pending further order” or for a set period);
• supporting evidence and witness statements where appropriate; and
• confirmation of whether you are applying with or without notice to the other side (explanation below).

A fee applies to this application, although you can ask for help with court fees in some circumstances.

3. Provide Clear Supporting Evidence

A stay application is more likely to succeed if you support it with credible evidence tailored to your situation. Relevant material can include:

• evidence of payment or repayment proposals for arrears or debts;
• records of benefit, income or financial hardship that affect your ability to comply with terms;
• documentation explaining why enforcement would cause exceptional hardship; or
• proof that the original possession order was obtained without proper participation on your part.

A concise witness statement accompanying Form N244 helps the judge understand your circumstances and why a stay is justified.

4. Decide Whether to Apply With or Without Notice

When completing Form N244 you must select whether you are applying with notice (the landlord or claimant is informed and given documents) or without notice (the application goes to the judge urgently without informing the other side first). Urgent applications without notice may be considered faster but require strong reasons for urgency.

In most routine cases, you will apply with notice, meaning copies of your application must be sent to the landlord or their solicitor in advance of the hearing date.

5. Submit Your Application to the Court Promptly

Send the completed Form N244, supporting evidence and the fee to the court that issued the possession order. Keep copies of all documents filed and proof of postage or electronic filing. The court will list a hearing date for your application.

If the eviction date is imminent, you can ask the court to expedite the application. A judge may list an earlier hearing if your situation is urgent, such as when bailiffs are scheduled to attend within days.

6. Attend the Stay Hearing and Present Your Case

At the hearing, the judge will consider your application and the landlord's response. You should be prepared to:

• explain clearly why a stay is justified;
• refer to evidence of hardship, repayment proposals or legal issues;
• address any procedural problems with the original order; and
• show what you propose to do to remedy the underlying issue.

If the judge is persuaded, they may:

• grant a stay for a defined period;
• suspend the warrant or writ; or
• set aside enforcement entirely.

If not persuaded, the eviction may proceed according to the original timetable.

Grounds on Which Stays Are Commonly Granted

A judge will not grant a stay unless there is a compelling reason to do so. Examples of grounds that may persuade the court include:

• an offer to clear arrears or debts where a fair and realistic repayment plan is presented;
• evidence that enforcement would cause exceptional hardship to you or vulnerable household members;
• procedural defects such as not receiving court papers or not having a proper opportunity to defend the original possession claim; and
• new information that the court did not previously consider which materially affects the fairness of enforcement.

Stays are more difficult to obtain where the original possession order was made on a mandatory ground (for example serious rent arrears under a statutory ground that leaves the judge no discretion to refuse). In such cases, providing evidence of hardship and a clear repayment plan is particularly important.

Risks, Time Limits and Practical Considerations

Stay Does Not Automatically Delay Bailiffs

Submitting an application does not itself delay the eviction. Only a court order granting a stay stops bailiffs from enforcing the warrant or writ. If bailiffs arrive before the court has ruled, you should show proof of your application and contact the court immediately.

Time Is Critical

Stay applications should be made before the scheduled enforcement date on the eviction notice. Courts are unlikely to consider late applications once enforcement has begun or shortly before bailiffs arrive.

Seek Legal and Housing Advice

Specialist advice from organisations such as Shelter, Citizens Advice or a housing solicitor can improve your application and help you understand realistic chances. Early engagement with advisers increases your options.

Key Takeaways

A stay of bailiff action is a formal court application to pause or suspend eviction enforcement in England and Wales. It is made using Form N244, supported by evidence explaining why enforcement should not proceed. Key steps include acting promptly when you receive a bailiff eviction notice, preparing a detailed application with supporting statements, deciding on notice procedures, and attending the hearing. The court will grant a stay only if there are strong and compelling reasons, such as repayment proposals or procedural defects. Stays do not take effect automatically - only a court order halts enforcement - and early legal advice significantly improves your chances.