How to Stop an Eviction Warrant

If you have an eviction warrant it can be stopped, even within 24 hours of the actual eviciton. You will need to have a good reason to stop an eviction such as the following:

If you have a new offer of finance and can back this up with some form of valuation to show that the new mortgage will provide enough to redeem the current mortgage in full you have a good chance of getting the eviction warrant suspended. It is important to impress upon the judge that the new mortgage is affordable as the judge will be aware that you are likely increasing the debt and does not want to see you back in court for a repossession hearing in 6 months time as you have been unable to pay the new mortgage. It is very important that you demonstrate why the mortgage arrears occurred and why they will not happen in the future.

If you have a formal mortgage offer but have not had enough time to complete on the new mortgage the judge will suspend the eviction warrant to give time for the new mortgage to complete. However, as above, the judge will want assurance that you can afford the new mortgage so you are not back in court with a repossession order with the new lender.

If you are selling your home and have exchanged contracts then the evicition warrant has to be suspended. Simply fill in the form N244 and hand it in to the court with the appropriate fee (currenlty £35) and this will raise a hearing to stop the eviction.

If you are selling your home and have serious interest in your home, it is worth getting the estate agent to write to you to confirm this so that you can show this to a judge to get the eviction warrant suspended. There will need to be plenty of equity within your home as the judge will be aware it can take many months to complete on the sale of your home and if you do not make any mortgage payments up to the point you complete on the sale of your home you will be eating away at the equity and increasing the lenders risk.

The main point to take into account is that you will need to be firm and confident that you will be able to fulfil your claim. Like the repossession hearing, the hearing to suspend an eviction warrant will be in a small court chamber and there will only be yourself, the judge and a solicitor representing the lender. Try to take along as much information as you can and if possible hire a barrister or solicitor to attend the hearing as this will add further weight to your argument.

An eviction warrant can be stopped for any good reason but 9 times out of 10 it is one of the above. If you have no way of repaying the arrears or redeeming the mortgage in full then the judge will not suspend the eviction warrant. There will be sympathy if you have children and will become homeless but the eviction will still continue. You will likely be directed towards the housing association or be told to make some temporary arrangement to stay with friends or relatives.

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