Applying to suspend a warrant of possession: what to do before the bailiffs come

Have you been told bailiffs are coming to enforce a possession order? You may still be able to stop the eviction by asking the court to suspend the warrant. Speed is everything: you usually need to apply before the bailiffs arrive.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

What is a warrant of possession?

A possession order alone does not let your landlord evict you. They must first ask the court for a warrant of possession. The court issues the warrant, and bailiffs, County Court bailiffs or High Court Enforcement Officers, are sent to enforce it. You usually get a notice with the date of the visit.

The warrant is separate from the possession order. You can sometimes challenge or suspend the warrant even if you did not, or could not, challenge the order itself.

Can I apply to suspend the warrant?

In many cases, yes. You can ask the court to suspend (or "stay") the warrant before the bailiffs come. If it agrees, the eviction is delayed, usually on conditions, for example paying a set amount towards the arrears each week.

The court is more likely to suspend if:

• Your possession order was suspended and you broke its conditions, say by missing payments, but you can show you can now keep to them
• Your circumstances have changed since the order was made
• You can clear the arrears over a reasonable period
• Children or vulnerable people live in the household
• Eviction would cause serious hardship

How to apply

Step 1: Complete form N244

The application goes on court form N244 (Application Notice). Download it from the HM Courts and Tribunals Service website, or pick one up at your county court.

On the form, explain:

• Why the warrant should be suspended
• What you propose to pay, and how
• Any change in your circumstances since the order
• Anything else that matters: dependants, health issues, disrepair

Step 2: Pay the court fee, or ask for it to be waived

There is a fee for this application. On a low income, or on certain benefits, you may not have to pay it. Ask the court for the fee remission form (EX160).

Step 3: File as early as possible

The court usually lists a hearing quickly. If the bailiffs are due within days, say so when you file and ask for an urgent hearing.

Step 4: Go to the hearing

Bring all your evidence: proof of income and spending, proof of payments made, and any evidence of disrepair or other circumstances. A judge decides whether to suspend the warrant, and on what terms.

What if I cannot get to court in time?

If the bailiff visit is too close to complete the formal process, ring the court at once and explain the urgency. Courts can sometimes hear an urgent application, or grant a very short stay so you can file. You can also call a duty adviser or law centre for emergency help.

If there is disrepair in your home

Disrepair your landlord has not fixed matters to the court. A disrepair claim can be grounds to argue that a possession order built on rent arrears should be looked at again, because compensation you are owed offsets some or all of the arrears. Raise this urgently with a housing solicitor or adviser.

If you have outstanding disrepair and you are facing eviction, call us on 0800 030 4669. We may be able to help alongside your other legal advice.

Getting emergency legal advice

If eviction is close, contact:

• Your council's housing advice service
• A law centre; many run duty adviser services at possession hearings
• Citizens Advice
• The Housing Loss Prevention Advice Service, a free government-funded advice scheme for people facing possession proceedings

When should I contact Support for Tenants?

If your home has disrepair and you are facing eviction, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Civil Procedure Rules, Part 83 (writs and warrants) (justice.gov.uk)

Related articles

• Bailiff warrant for possession, what to do
• Suspended possession order, explained