Can an Eviction Be Stopped
The short answer is yes, on this site there are a number of examples where evictions have been stopped. Being in debt can put you under so much pressure, you just want to hide and hope that the problem will eventually go away. In reality though, the problem can be resolved if you actively take action to ensure that you don’t end up getting an eviction notice. So if you are at the stage where you have received an eviction notice, you can still act and stop an eviction.
Dog Helps Delaying an Eviction
I did hear one story (quite a few years ago) where someone was about to be evicted and in desperation he borrowed his neighbours dog. It turns out the dog was a very large and noise brute, so when there was a knock at the door this set the dog off barking loudly. From an official point of view, entering a property where there is a large dog can be rather off-putting. After a short stand off, it was decided that the eviction would not take place and another date would be set whereby the occupant would have to ensure that the dog was not on the property. In this case, it brought the occupant more time and they then took steps to stop the eviction.
Using Form Application Notice (Form N244)
To start the process of stopping your repossession you will nee to complete an Application Notice (Form N244) which is a legal document that can be used to request a court order to stop an eviction. A sample copy of form N244 can be found on the Downloads section at the top of this page. It may be worth checking the Gov.UK website to ensure you have the most recent version of N244. You will now need to complete this form, it is also advisable to gather together additional information, this will then show the Judge that you are actively making an effort to resolve this situation.
Additional Documentation to Help Stop and Eviction
One of the best things that you can do is to, complete an Income and Expenditure. By doing an in-depth full financial fact find on yourself will not only help you to complete the N244, but it will also show where savings can be made and how those savings can be redirected to solving the problem of being evicted. Other documentation to include could be such things as. medical evidence, or any other documentation showing perhaps what the cause was of you going into arrears. Judges do like to see what the cause was and what solutions your are putting forward to resolve the issue. Just remember when completing an Income and Expenditure, Holidays, Birthday Presents and Christmas Present should be ZERO. This page has a download for an Income and Expenditure.
Getting a Court Hearing to Stop an Eviction
Now that you have competed Form Application Notice (Form N244) with a copy of your Income and Expenditure and any other relevant documents, you will then need to head to your local courts. There will be a court fee to pay (you will need to check what the current fee is) or from the Download page on this site, you will need to complete Form EX160 Apply for Fee Remission. Quite often, within hours of submitting the documentation, you will have a court hearing. Just remember when you are talking to the Judge, be polite and confident that you want to resolve this situation.
Informing the Bailiffs of Your Intent to Get the Evictions Stopped
When you receive a Notice of Eviction, there will be contact details of the Bailiff, inform them that you are intending to stop the eviction. You may also want to consider getting copies of your documentation to them, so that they can see what you are intending to do.
You may also be interested in this post: Eviction Stopped.
You may also want to take a look at Make an application to a court (‘application notice’): Form N244 for up-to-date forms, there are also some additional documentation to help with the completion of Application Notice (Form N244).