United Kingdom · property

How to Complete Form N244 to Suspend a Warrant of Possession in the UK

Receiving a county court eviction notice is daunting, but an enforcement date is not necessarily final. In England and Wales, filing court Form N244 allows you to ask a District Judge to stay or suspend the warrant of possession. Acting quickly with a credible proposal or proof of procedural error can stop the bailiffs and keep you in your home.

The Law on Suspending Warrants in England and Wales

In England and Wales, landlords and lenders cannot evict you without a court order followed by a warrant of possession issued under Part 83 of the Civil Procedure Rules (CPR). Once the court issues a Notice of Eviction (Form N54A) setting a date and time, your primary legal remedy to stop the bailiffs is an emergency application notice on Form N244 under CPR Part 23.

The court's powers depend on the legal basis of the original possession order. If you are an assured tenant facing rent arrears under discretionary grounds, the court has broad power under Section 9 of the Housing Act 1988 (or Section 85 of the Housing Act 1985 for secure council tenants) to suspend the warrant if you can demonstrate a workable plan to pay your ongoing rent plus a realistic contribution toward arrears. For mortgage repossession, Section 36 of the Administration of Justice Act 1970 gives the court discretion to suspend execution if you can clear the arrears within a reasonable period, guided by the landmark case of Cheltenham & Gloucester Building Society v Norgan [1996].

If the possession order was granted on mandatory grounds (such as a valid Section 21 notice), judicial discretion is strictly limited. Under Section 89 of the Housing Act 1980, the court cannot postpone possession for more than 6 weeks from the date of the original order, and only where you prove exceptional hardship. However, if the landlord failed to serve notices correctly or if there has been an administrative error in the warrant's issue, the court retains inherent jurisdiction to set aside or stay the warrant.

How to Fill In the Critical Boxes on Form N244

Form N244 requires precision, especially when filing under extreme time pressure. In the header, enter the name of the County Court hearing centre listed on your eviction notice, the claim number, and the warrant number found on your Form N54A.

In Question 3 ('What order are you asking the court to make and why?'), be explicit and concise. State: 'An order to suspend the warrant of possession scheduled for execution on [Date] at [Time], on terms that the Defendant pays the current monthly rent/instalment plus [£X] per month towards the arrears.' If you are challenging the validity of the possession order itself, request that the warrant be stayed pending an application to set aside the judgment.

In Question 5, tick 'At a hearing' and request an urgent listing before the eviction date. In Question 6, estimate the hearing length as 10 to 15 minutes and specify 'District Judge'. In Question 10, provide your witness statement or evidence in the box provided. You must set out why the arrears accrued (such as temporary illness or delayed benefits), what has changed to make your finances viable, and attach a detailed financial statement (income and expenditure sheet) along with proof of income or benefit entitlement.

Filing with the Court and Next Steps

Take your completed Form N244, supporting evidence, and payment to the court office dealing with your case immediately. A court fee is payable unless you qualify for fee remission via Form EX160 ('Help with Fees'). Because time is critical, request that court staff notify the bailiff's section right away once the emergency hearing date is listed so enforcement is paused pending the hearing.

Prepare thoroughly for the hearing: bring three copies of your financial breakdown, bank statements, and any communication with your landlord or lender. You can use Caunsel to research statutory grounds, organise your supporting documents into a clear case timeline, or connect with an independent solicitor for direct advice. Caunsel is not a law firm and does not file court documents on your behalf, but our platform equips you with the legal clarity needed to protect your housing rights.

Steps

• Locate your original possession claim number, warrant number, and scheduled eviction date from Court Form N54A (Notice of Eviction).
• Complete Form N244, clearly stating in Question 3 that you seek an emergency order to suspend the warrant of possession, specifying your repayment offer.
• Prepare a detailed income and expenditure schedule along with supporting proof (bank statements, payslips, or Universal Credit award notices) to attach to Question 10.
• Submit the N244 in person at the issuing County Court counter with the court fee or a completed Form EX160 fee remission application, and ask court staff to notify the bailiffs immediately.

Common mistakes

• Waiting until the morning of the eviction to lodge the application, leaving court staff insufficient time to list the hearing and recall the bailiff.
• Failing to propose a specific, realistic repayment sum toward arrears, which leaves the judge with no legal basis under Section 9 of the Housing Act 1988 to grant a suspension.
• Submitting an application without documentary proof of income, benefits, or medical circumstances to substantiate why payments were missed and how they will now be maintained.
• Assuming filing the form automatically cancels the eviction without receiving an official notice of hearing or confirmation that the bailiff has been instructed to stand down.

Questions people ask

Can a judge suspend a warrant for a Section 21 'no fault' eviction?

Discretion is strictly constrained under Section 89 of the Housing Act 1980. The judge can only delay possession up to a maximum of 6 weeks from the original possession order date, and only if you can demonstrate exceptional hardship. If that 6-week period has already passed, the judge cannot legally suspend the warrant unless you establish a procedural illegality or grounds to set aside the possession order itself.

How much does it cost to file an N244 to suspend an eviction warrant?

An application notice on notice usually costs £303 (or £119 without notice, though warrant suspensions are typically listed on short notice to the claimant). If you receive qualifying benefits or have low household income and savings, you can apply for a fee reduction or full waiver using court Form EX160.

What happens during the emergency suspension hearing?

The hearing is held in private before a District Judge and typically lasts 10 to 15 minutes. The judge will review your N244, assess your income and expenditure schedule, hear objections from your landlord or lender's representative, and decide whether your repayment proposal is realistic enough to stop the eviction.

General information only, last updated 2026-10-31. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.