United Kingdom · property

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

Receiving a County Court eviction notice does not mean you have to surrender your keys without a fight. In the UK (England and Wales), you can urgently apply on Form N244 to suspend the warrant of possession and halt the bailiffs. By proving a realistic repayment plan or demonstrating serious procedural unfairness, you can ask a judge to keep you in your home.

What the Law Says in the UK (England and Wales)

When a landlord or mortgage lender secures a possession order and applies for enforcement, the County Court issues a warrant of possession under Part 83 of the Civil Procedure Rules (CPR). This authorises court bailiffs to attend your address to evict you and return possession to the claimant. However, the law provides statutory mechanisms to intervene and suspend that warrant before it is executed.

For tenants facing eviction on discretionary grounds (such as rent arrears under Grounds 10 or 11), Section 9(2) of the Housing Act 1988 gives the County Court broad discretion to stay, suspend, or postpone execution of a possession order for an assured tenancy on terms that the judge considers just. Council tenants have equivalent statutory protection under Section 85(2) of the Housing Act 1985. Where the eviction is driven by mortgage arrears, Section 36 of the Administration of Justice Act 1970 and the leading authority Cheltenham & Gloucester Building Society v Norgan permit the court to suspend enforcement if you can clear the arrears over the remaining lifetime of the mortgage.

Time is strictly against you. As established in Jephson Homes Housing Association v Moisejevs [2001], once the court bailiff physically executes the warrant and recovers possession, the court's statutory power to suspend the warrant permanently lapses. Your application to suspend must be submitted and heard before the eviction appointment takes place.

Completing Form N244: Proving Your Case to the Judge

To apply for a suspension, you must file Form N244 (Application Notice) at the County Court hearing centre handling your case. In Question 3 of the form, you must state precisely what order you are seeking: typically 'an urgent order to suspend the warrant of possession scheduled for [date and time] under Section 9 of the Housing Act 1988' (or Section 36 of the Administration of Justice Act 1970 for mortgages).

Judges do not grant suspensions based on sympathy alone; they require clear evidence that you can resolve the underlying breach. In Question 10, explain why arrears accrued (such as unexpected illness, unfair benefit delays, or temporary unemployment), what has changed, and how you will pay the current rent or mortgage plus a realistic regular amount towards the balance. Attach an income and expenditure sheet, recent payslips, or evidence of newly awarded benefits. If the possession order was obtained via a mandatory ground (such as a Section 21 'no-fault' notice), the court's discretion under Section 89 of the Housing Act 1980 is strictly limited to postponing possession for a maximum of six weeks in cases of exceptional hardship, unless you are applying to set aside an underlying order obtained through error or fraud.

The standard County Court fee to apply to suspend a warrant of possession is currently £16. If you receive qualifying means-tested benefits or have a low income and limited capital, you can apply for fee remission alongside your N244 by completing Form EX160.

Filing Urgently and Securing Court Time

Once completed, take Form N244 directly to the court counter or send it to the court's urgent listings email, clearly marked 'URGENT: Application to Suspend Warrant of Possession - Eviction Date: [Date]'. Court listing officers hold emergency slots to place these applications before a District Judge, often within 24 to 48 hours or on the morning of the scheduled eviction. You must also serve a copy of the application on the claimant's solicitors immediately.

At the emergency hearing, the District Judge will hear from both sides. If the judge agrees with your repayment proposal, they will order the warrant to be suspended on condition that you maintain your payments. If the claimant refuses to engage reasonably or demands unrealistic lump sums, the court can hold them to account under statutory guidelines.

Managing court applications during an impending eviction is overwhelming. You can use Caunsel to research relevant possession precedents, securely organize your financial statements and eviction paperwork, and connect directly with independent legal professionals. Caunsel is not a law firm and will not file documents for you, but provides the legal workspace and tools you need to take control of your housing defence.

Steps

• Locate your Notice of Eviction (Form N54) to confirm your County Court claim number, warrant number, and the exact date and time the bailiffs are scheduled to attend.
• Complete Form N244, requesting an urgent order to suspend the warrant of possession on specific terms (such as contractual payments plus an affordable monthly sum toward arrears).
• Attach clear documentary evidence in Question 10 or an attached statement: a comprehensive income and expenditure budget, proof of income, and completed fee remission Form EX160 if applicable.
• Lodge the N244 and supporting documents immediately at the County Court hearing centre, requesting an urgent hearing before a District Judge ahead of the eviction deadline.
• Send written notice and a copy of your application to the landlord, mortgage lender, or their instructed solicitors so they are aware of the pending suspension hearing.

Common mistakes

• Waiting until the morning of the eviction or after bailiffs arrive; under Jephson Homes v Moisejevs, the court has no statutory power to suspend the warrant once it has been executed.
• Proposing unrealistic repayment amounts that you cannot sustain, which leads the District Judge to dismiss the application as non-viable.
• Failing to provide supporting proof of income and an itemised budget, leaving the judge with no evidence on which to exercise discretion.
• Assuming an N244 application automatically cancels the eviction without a formal court order; the warrant remains active until a District Judge officially grants the suspension.

Questions people ask

Can I suspend a warrant of possession if my eviction is under Section 21?

Suspending a warrant under Section 21 is difficult because Section 21 is a mandatory ground. Under Section 89 of the Housing Act 1980, the court cannot postpone possession for more than 14 days, or up to a maximum of six weeks from the original order date in cases of exceptional hardship. You can generally only halt enforcement if you have valid legal grounds to set aside the original possession order itself (for example, if you were never served with papers, or the Section 21 notice was legally invalid).

How much does it cost to file Form N244 to suspend a warrant?

Applying specifically to suspend a warrant of possession attracts a reduced County Court fee of £16. If you are on a low income, have low savings, or receive qualifying state benefits, you can apply for Help with Fees using Form EX160 so you do not have to pay.

What happens at the suspension hearing?

The hearing is held in the County Court before a District Judge and typically lasts 10 to 15 minutes. The judge will review your N244, examine your income and expenditure, and hear objections from your landlord or lender's representative. If the judge accepts that your repayment proposal is realistic and lawful, they will issue an order suspending the warrant on the condition that you comply with the agreed payments.

General information only, last updated 2026-10-18. 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.