Council & HA Tenants

There is always a possibility to stop eviction proceedings

There is always a possibility to stop eviction proceedings right up to, and including, the day of the Bailiffs appointment.

However, the earlier you act in the process, the better chance you give yourself of stopping the possession proceedings. If you leave it to the last day then the judge might decide that you have not acted responsibly and not hear your appeal.

In order to stop a Bailiffs Warrant you will have to have an extremely good reason as to why you have let matters get this far.

For instance, you may have been seriously ill. Saying that you haven't received any of the letters or court papers is unlikely to be believed.

Changing the terms of an existing Psotponed or Suspended Possession Order

It may be that the terms of your possession order were unrealistic at the time that the order was made. It is very common for tenants to agree to unrealistic payments in an attempt to please the landlord.

Alternatively, the terms of your possession order may have become unrealistic through a change of circumstance, for instance losing your job.

If this happens you should explain your present circumstances to your landlord as soon as possible.

In practice, you may find this easier to do this through a representative, such as HASKC or a solicitor.

Hopefully, your landlord will agree to a lower payment. It is obviously easier to change the court order with their agreement. If not, then you will have to persuade the court despite the landlords' objections.

Regardless of whether you have reached an agreement, you will need to apply to the court to amend the terms of the order. This is called a Variation Order.

In order to have the best possible chance of your application for a Variation Order to be successful, it is recommended that you instruct a solicitor. However, you can do it yourself by obtaining the relevant form from the court office.

Stopping a Bailiff's Warrant

It is possible to stop a Bailiff's Warrant even on the actual day that the Bailiff is to take possession of your home.

However, you do have to have an extremely good reason why the court should stop the warrant and why you have not acted sooner.

You also have to bear in mind that the court does not open until 10am, by which time it could be too late.

For instance, you may have been extremely ill and unable to deal with your affairs. The court will want to see independent evidence such as a medical report to support your excuse.

An application needs to be made to the County Court for a Stay of Execution, or in short a Suspension, of the Warrant. In exceptional circumstances you may be able to apply to the court to set aside the original order if, for instance, it was made in your absence.

In order to have the best possible chance of your application for a suspension to be successful, it is recommended that you instruct a solicitor. However, you can do it yourself by obtaining the relevant form from the court office.