Suspending a warrant of possession: how to stop an eviction

A warrant of possession is the court order that lets bailiffs evict you. It usually follows a possession order you have already broken, often a suspended possession order that said you could stay as long as you kept up payments. Once a warrant is issued, the eviction date is set and the bailiffs can come.

You can ask the court to suspend the warrant. In England, the application is made on form N244, and the fee is £15¹. If you are on benefits or a low income, you may not have to pay the fee, or you may get a discount². The court will usually list a hearing, and you must go to it or the court is unlikely to suspend the warrant³.

The most important thing is timing. Make the application at least three days before the eviction date if you can⁴. If you rent from a private landlord and the landlord's lender is repossessing, you can ask the court to suspend the warrant for up to two months if the lender will not delay⁵. The court can also stay or suspend execution of an order for a period not exceeding two months on a tenant's application⁶.

How a warrant of possession follows a suspended possession order

A suspended possession order is the court's way of letting you keep your home on conditions. It means you keep your home as long as each month you pay your mortgage and a set amount towards the arrears⁸. The order says how much you need to pay and when⁹. The court sends you a copy, but it might take a few weeks to arrive by post⁹.

If you keep to those terms, nothing further happens. If you break them, the lender or landlord can go back to court for a warrant of possession. For a mortgage, the prescribed step that triggers the notice requirement is the mortgagee making an application to the court for a warrant for possession of the property¹⁰. In practice, the warrant is the document that authorises bailiffs to attend and remove you.

The same structure applies to rent arrears. If you fail to leave by the date specified on the order, the landlord can apply for a warrant of eviction¹¹. For a private landlord serving notice from 1 May 2026, the notice guide sets out the process tenants face¹.

Applying to suspend a warrant: form N244 and a £15 fee

The application to suspend a warrant of possession is made on form N244¹. The form asks the court to suspend the warrant, and you set out your circumstances and your offer of payment. For tenants paying rent monthly, the wording suggested for question 3 is: "I ask the court to suspend the warrant for possession on terms. I can meet my contractual rent payments and can offer £ xx each month towards the arrears."¹²

The fee is £15¹. There will be a fee to pay to make the application, and if you are on benefits or a low income you may not have to pay it, or you may get a discount². You will need to show the court evidence of your low income when you make your application⁷.

Do not confuse this with other court forms. Form N245 is used to apply for a reduction in payments or suspension of a warrant of control, which is a different enforcement process for debts such as county court judgments¹³. The fee to vary a CCJ instalment or suspend a county court warrant of control using an N245 is also £15¹³.

Getting help with the court fee

Court fees can be waived or reduced. If you are claiming benefits or you are on a low income, you may be able to get help with these costs, but you will need to show the court evidence of your low income when you make your application⁷. The same principle applies to the £15 N244 fee: there will be a fee to pay, but if you are on benefits or a low income you may not have to pay it, or you may get a discount².

For comparison, other enforcement fees are higher. Issuing a warrant of control in the county court costs £94, and in the family court £114¹³. If the amount owed is between £600 and £5,000, a creditor can choose to issue a warrant in a county court or in the High Court¹³. These figures show why getting fee help matters: the £15 to suspend a possession warrant is at the low end, but it is still a cost at a moment when money is tight.

What to offer the court: an affordable plan for the arrears

The court wants to see a realistic plan. In many cases, the order will say that you have to pay a certain amount off your arrears each month on top of your monthly mortgage payments⁷. Your lender will suggest a way to pay off the arrears gradually, alongside your usual payments¹⁴. Agreeing to a payment plan you can afford can help you to gradually reduce the arrears each month¹⁵.

When you fill in form N244, you can ask the court to suspend the warrant for specific reasons: to give you more time to sell, to give you more time to find somewhere else to live, or to make a new offer of payment on your arrears³. If you want to change the conditions of an existing order, you apply to the court and may have to pay a fee⁷.

The offer needs to be sustainable. If you offer more than you can keep up, you risk breaching the order again, and the judge might not let you stay in your home if you keep missing rent payments¹¹. A payment plan you can actually afford is the one that protects your home.

If the warrant is suspended: keeping to the new terms

If the judge made a suspended possession order, you can stay in your home as long as you keep to certain conditions as ordered by the court⁷. The conditions are usually to pay an amount set by the court on top of your regular mortgage payment and to follow the terms set by the court¹⁶. The same rule applies in Welsh-language guidance: you can stay in your home as long as you keep to the conditions ordered by the court¹⁷.

The risk is in the detail. Missing even one payment, or paying less than ordered, lets the lender apply for a bailiff's warrant straight away, with no normal hearing and only a few days' warning⁷. If you keep missing payments, the judge might not let you stay in your home¹¹.

If your circumstances change, act before you miss a payment. You can apply to the court to change the conditions of an order, and you may have to pay a fee⁷. You can ask for more time to sell, more time to find somewhere else to live, or make a new offer of payment³. Getting advice early can stop mortgage arrears or rent arrears turning into a problem that threatens your home¹⁶.

Will there be another court hearing before bailiffs are sent?

If you apply to suspend the warrant, the court will usually list a hearing. You must go to this hearing or the court is unlikely to suspend the warrant³. The hearing might even be set for the date of the eviction itself¹⁷. You have to fill in a form to request a court hearing, explaining your circumstances and the reason you want the bailiffs' visit stopped or delayed¹⁷.

If you do not attend, the consequences escalate. If you fail again to attend the hearing or continue to refuse to answer questions, the court will issue a warrant of arrest, meaning a bailiff will arrest you and bring you to the judge¹⁸. That is a separate process from the eviction warrant, and it makes the situation worse.

For tenants in private rented homes where the landlord's lender is repossessing, there is a specific route. If the lender does not respond or refuses to delay the eviction, you can ask the court to suspend the warrant of possession for two months⁵. The court may, on the application of the tenant, stay or suspend execution of the order for a period not exceeding two months⁶.

Can benefits be paid straight to my landlord to cover arrears?

Yes. A fixed amount can be deducted from certain benefits and paid to a landlord to help cover the arrears¹⁹. Your landlord can ask for an amount to be taken out of those benefits each week towards paying back the arrears²⁰.

In private sector cases, there are circumstances when Housing Benefit must be paid to the landlord: if you are in rent arrears of eight weeks or more, if direct deductions are being made from other benefits to pay rent arrears, or if you have left the property leaving rent arrears²¹. This can protect your tenancy by getting money to the landlord directly.

Can rent arrears go into a debt relief order or IVA?

Most types of debt can be included in an IVA, but there are exceptions: secured debts (unless your lender agrees), rent, student loans, magistrates' court fines, maintenance payments or maintenance arrears ordered by a court, and Child Support Agency or Child Maintenance Service arrears²². Rent arrears, mortgage arrears, magistrates' court fines and child maintenance arrears commonly need an arrangement outside the IVA²³.

You may be able to include old rent arrears in your IVA, but it is harder to include arrears on a property you rent now, and this could put you at risk of eviction²². If you are considering a formal solution, take advice first: the interaction between insolvency and housing is where people lose homes by accident.

Does a suspended possession order affect my credit score?

A suspended possession order is not the same as a repossession. Your house being repossessed will affect your credit rating²⁴. If you keep to the terms and stay in your home, there is no repossession to record.

A voluntary termination, unlike a voluntary surrender as part of a repossession process, will not lead to any negative markers on your credit report²⁵. If an account is suspended, you will not be able to borrow any more money and a credit or store card will no longer work²⁶. These distinctions matter when you are deciding how to respond.

Where to get free help with rent or mortgage arrears

Getting help and advice can stop mortgage arrears or rent arrears turning into a problem that threatens your home²⁷. When faced with repossession, contact your solicitor or a free advice agency²⁸.

The government's Housing Loss Prevention Advice Service provides free legal advice covering illegal eviction, rent arrears, mortgage arrears, welfare benefits payment issues, debt concerns and disrepair²⁹. It can advise on illegal eviction, rent arrears, mortgage arrears, issues with welfare benefits payments, debt concerns, and disrepair and other problems with housing conditions³⁰. Shelter Cymru's debt advice service offers assistance with rent or mortgage arrears via its helpline²⁹.

For wider debt problems, free and impartial help is available from MoneyHelper and from debt advice charities. If you are dealing with rent arrears specifically, see rent arrears: help and your options. If you are facing enforcement more broadly, bailiffs and enforcement agents: your rights explains what they can and cannot do.