Can The N244 Application Notice Form Stop An Eviction?

The N244 form lets a tenant ask the court to pause a possession order, buying precious time to challenge the eviction or negotiate a settlement. A stay isn't automatic; the judge decides whether to grant it and for how long, based on the arguments presented. Because the application can be lodged any moment before bailiffs take action, it isn't tied to a rigid 21‑day clock. Filing the N244 early often forces a hearing, during which the landlord must prove the order's validity.

What makes the N244 a lifeline is its ability to insert a legal hurdle right before enforcement, giving tenants a venue to submit proof of payment, tenancy breaches, or procedural errors. Courts may extend the stay beyond a couple of weeks if circumstances warrant, allowing more thorough preparation. Acting promptly and consulting the official N244 application notice maximises the chance of keeping the door shut on bailiffs while the dispute is resolved.

The N244 form may help pause an eviction by requesting a court‑ordered stay, though approval is discretionary. Success hinges on timely filing, solid evidence, and a clear request for an urgent hearing.

1. Verify the deadline - file before the scheduled possession date or bailiff visit; urgent cases can be heard within days.
2. Download the official N244 application form from HMCTS, complete claimant details, court reference, and specify the order sought (stay of possession).
3. Attach a concise statement of facts and supporting documents - rent receipts, correspondence, or proof of hardship (see the evidence‑gathering guide above).
4. Calculate the fee (typically £25) and arrange payment or a fee‑waiver if income qualifies.
5. Submit the completed form, enclosures, and fee receipt to the court handling the eviction; retain the acknowledgment.
6. Serve a copy on the landlord or their solicitor within the statutory period (usually 7 days) using first‑class post or signed‑for delivery.
7. Write a brief covering letter requesting urgency, citing imminent enforcement dates; refer to the 'urgent N244' section later for expediting tips.
8. Attend the hearing, present the evidence, answer the judge's questions, and await the decision on whether a stay is granted, which may suspend proceedings until the full trial.

Strong, relevant proof is the only thing that can persuade a judge to grant a stay on an eviction through the N244 application. Gather the documents below and organise them chronologically to show why the court should halt possession.

• Secure a copy of the tenancy agreement and any addenda, highlighting clauses that limit the landlord's right to possession (HM Courts & Tribunals Service N244 form guidance).
• Collect bank statements, rent receipts, and council tax bills that demonstrate a consistent payment history, especially recent payments made after the claim.
• Save every email, text, and letter exchanged with the landlord, noting dates and signatures to prove communication of disputes or defenses.
• Obtain official health‑and‑safety reports or structural surveys that reveal property defects, supporting a claim that eviction would be unlawful.
• Gather evidence of procedural errors, such as an improperly served notice or missing court documents, using originals and timestamps.

The most persuasive N244 applications pack a clear request, pinpointed authority and flawless timing.

• Cite the exact rule that governs the relief: for adjournments reference CPR 3.1(2)(a) (or CPR 28 only in fast‑track cases), while stays of eviction draw on CPR 23.
• Attach any supporting case law or statutory provision, for example the Housing Act 1988 provisions on unlawful possession.
• Serve the form in strict accordance with CPR 23.7 - at least three days before the hearing unless the matter is urgent, in which case immediate notice to the bailiff may be required.
• Highlight any change in circumstances since the original claim: new income, payment plan, or a landlord's breach.
• Use concise headings and numbered paragraphs so the judge can scan the argument in seconds.
• Request a specific outcome (e.g., 'adjourn the possession hearing to 14 days after service') rather than a vague 'delay'.

These tactics set the application up for a favourable view, paving the way for the next section on filing blunders to avoid.

• Pick the exact 'type of application' that matches the relief sought; using 'other' when 'possession' fits wastes time (official N244 form guidance).
• Attach every required document - warrant copy, tenancy agreement, rent ledger - so the judge sees a complete record.
• Keep the statement of facts under 300 words, focusing on dates and breach; extraneous narrative clutters the application.
• Sign and date the N244 form; an unsigned form is returned as invalid.
• Serve the respondent and any supporting statements within 7 days of filing, unless the court orders otherwise; missing this deadline may lead to dismissal.

The N244 form may help stall an eviction over rent arrears by asking the court for a stay of execution or a variation of the possession order.

Timing matters: submit the application as soon as the possession notice arrives, and certainly before the date the court has set for bailiffs to act. If the deadline looms, request an urgent hearing; the court can consider the form even after the execution date in exceptional cases.

Include a clear breakdown of the arrears, a realistic repayment plan, and any supporting proof of financial hardship; the stronger the snapshot, the better the odds of a stay. The official N244 form is available online for immediate download.

Tailoring the N244 form to a mortgage repossession case may help delay the lender's proceedings and buy time for a resolution. Customising each section signals to the judge that the homeowner's situation differs from a standard eviction, aligning the request with the specific pressures of mortgage arrears.

Typical adjustments include:

•  Grounds for adjournment - cite 'pending refinancing' or 'awaiting a valuation report' rather than generic 'financial hardship'.
•  Statement of facts - detail the exact date of the possession claim, the outstanding balance, and any recent communication with the lender.
•  Supporting evidence - attach a recent mortgage statement, a letter from the bank confirming a pending loan offer, and proof of income such as payslips or Universal Credit awards.
•  Suggested hearing date - propose a date that matches the expected completion of the refinancing process, showing a realistic timeline.
•  Legal precedent - reference cases where courts have granted adjournments for similar mortgage disputes (see Court forms and guidance).

These targeted entries demonstrate that the homeowner is actively addressing the debt, which can persuade the judge to pause bailiff action until the financial issue is resolved.

An urgent N244 may request a stay of execution, but bailiffs will only halt until the court actually issues a suspension order.

1. Draft the N244 form, ticking 'urgent' and stating 'stay of execution of warrant of possession'. Attach any evidence that shows the eviction is disputed or that the notice period is defective.
2. Submit the form at the court handling the original possession claim. Include a covering note asking for an urgent hearing; the court typically schedules this within 48 hours if the reason is compelling.
3. Serve a copy of the N244 on the bailiff's agency alongside the cover letter. The agency must refrain from acting until a formal order arrives - relying solely on the notice does not stop enforcement.
4. Attend the urgent hearing. If the judge grants a stay, the court will issue a written order specifying the suspension period. Deliver that order to the bailiff; enforcement resumes only after the order expires or is revoked.

(If the judge refuses the stay, bailiffs continue as scheduled.) This process gives a narrow window to challenge the eviction while respecting the court's final say.

The court clerk stamps the N244, emails the landlord a copy, and registers the request for a hearing (as we covered in the filing steps).

• A formal acknowledgment arrives within a few days, confirming the application number.
• The case is allocated to a judge who reviews the paperwork for completeness.
• If additional evidence is required, the judge issues a direction questionnaire outlining what to submit.
• A provisional hearing date is set, typically within 4‑6 weeks, and parties receive notice.
• The judge may grant interim protection, such as a stay of eviction, pending the full hearing.
• Updates appear on the online court portal; checking the case number keeps you informed without extra effort.

Tracking the N244 application hinges on the court's digital tools and a few phone calls. The myHMCTS case tracker lets anyone enter the reference number and instantly see whether the form is 'received', 'under consideration', or 'served'. When the portal shows 'issued hearing notice', the next step looms; a blank screen simply means the clerk hasn't logged the update yet.

A quick call to the court's filing desk, armed with the same reference, can confirm whether a judge has set a hearing date or requested additional evidence. As we covered above, keeping the reference handy prevents the classic 'lost paperwork' nightmare.

Staying hopeful requires a rhythm, not a panic button. Jot the reference number, expected response window (usually two weeks), and the clerk's contact into a calendar reminder; a nudge after that period often nudges the system. If no movement appears, ask politely for a 'status of the N244 form' - most clerks will share whether a judge's draft judgment is pending. Knowing that delays are routine, not a sign of failure, keeps morale up until the next section's real‑world success stories appear.

Real tenants have halted eviction notices by filing a well‑timed N244 application. Below are brief case snapshots that illustrate how the form can change outcomes.

• A single‑parent in Manchester submitted an N244 after receiving a Section 21 notice; the court granted a six‑week stay, providing time to secure a new tenancy.
• A university student in Leeds faced a possession order over £500 arrears; an urgent N244 citing a pending benefits appeal postponed bailiff action for three months.
• A family in Birmingham discovered a procedural defect in the landlord's notice; the N244 highlighted the error, and the judge dismissed the claim entirely (court decision on N244 procedural error).
• A retired couple in Newcastle used an N244 to request a mortgage‑repossession suspension; the judge ordered a mediation hearing, preventing immediate repossession.

If the court refuses your N244, act quickly and pursue the two realistic routes.

The refusal does not close the door; either present fresh material or challenge the decision itself. As we covered above, timing remains crucial - file any follow‑up before the next hearing date.

• Submit a new N244 containing additional facts, updated documentation, or corrected legal arguments; the court treats it as a separate application.
• Request permission to appeal the refusal, using apply for permission to appeal using Form N460; this path only works when the original ruling is appealable.
• Ask the judge for a reconsideration or clarification in writing if the refusal stems from a procedural misunderstanding; a concise letter may prompt a swift reversal.

The fastest recovery hinges on fresh evidence and a clear, focused filing - don't linger while the eviction timeline ticks forward.