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

If you have received a notice that bailiffs will be attending your home to enforce a possession order, you may still be able to stop the eviction by applying to the court to suspend the warrant. Acting quickly is critical, 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?

After a court makes a possession order, your landlord cannot immediately evict you. They must first apply to the court for a warrant of possession. The court then issues the warrant and bailiffs (County Court bailiffs or High Court Enforcement Officers) are appointed to enforce it. You will usually receive a notice giving you the date of the bailiff's visit.

A warrant of possession is different from the possession order itself. You can sometimes challenge or suspend a warrant even if you could not or did not challenge the possession order.

Can I apply to suspend the warrant?

Yes, in many cases. You can apply to the court to suspend (or "stay") the warrant of possession before the bailiffs come. If the court grants the suspension, the eviction is delayed, usually on conditions, for example, that you pay a specified amount toward rent arrears each week.

The court is more likely to grant a suspension if:

• The possession order was a suspended possession order and you have breached its conditions (for example, by falling behind on a payment plan), but you can show you can now comply
• You can demonstrate a change in circumstances since the order was made
• You can pay the arrears over a reasonable period
• There are children or vulnerable people in the household
• Eviction would cause serious hardship

How to apply

Step 1: Complete form N244

The application to suspend a warrant is made on court form N244 (Application Notice). You can download this from the HM Courts and Tribunals Service website or collect it from your local county court.

On the form, explain:

• Why the warrant should be suspended
• What you propose to pay and how
• Any change of circumstances since the order was made
• Any other relevant factors (dependants, health issues, disrepair)

Step 2: Pay the court fee or apply for a fee remission

There is a court fee for this application. If you are on a low income or receiving certain benefits, you may be entitled to have the fee waived. Ask the court for a fee remission form (EX160).

Step 3: File the application as early as possible

The court will usually list a hearing quickly. If the bailiff's visit is imminent, tell the court this when you file and ask for an urgent hearing.

Step 4: Attend the hearing

Bring all evidence you have, proof of income and expenditure, evidence of payments made, any evidence of disrepair or other relevant circumstances. A judge will decide whether to suspend the warrant and on what terms.

What if I cannot get to court in time?

If the bailiff's visit is so imminent that you cannot complete the formal process in time, contact the court immediately and explain the urgency. In some cases the court can consider an urgent application or grant a very short stay to allow you to file your application. You can also call a duty adviser or law centre for emergency help.

If there is disrepair in your home

If your home has disrepair that your landlord has not fixed, this is relevant context for the court. A disrepair claim may provide grounds to argue that a possession order based on rent arrears should be reconsidered, because the arrears are partly or wholly offset by the compensation you are owed. Raise this with a housing solicitor or adviser as a matter of urgency.

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

Getting emergency legal advice

If you are facing imminent eviction, contact:

• Your council's housing advice service
• A law centre, many offer duty adviser services at possession hearings
• Citizens Advice
• The Housing Loss Prevention Advice Service, a government-funded free advice scheme for those 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. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

Related articles

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