When you fill in the form for the court hearing, you will be given a date and time for a hearing to take place. If you want a representative to attend the court hearing with you to help you explain your situation to the court, contact a specialist advice centre or a solicitor as soon as possible. You must attend the hearing so that the court can listen to why you think the eviction should be stopped or delayed.
At the hearing, the judge may agree to stop or delay the eviction if:
- you are ill or have young children, and need more time to find somewhere else to live
- your circumstances have changed (such as if you have a new job) and you are likely to be able to pay off what you owe if you are given more time
- there is a good reason why you haven’t done anything to stop the eviction earlier (such as if you have been away and were not aware of the situation and court proceedings)
- your lender or freeholder got the possession order by fraud or didn’t follow the correct procedure.
In very rare situations, the court may agree to let you stay in the property until your lender sells it. This is only likely to happen if your lender (or freeholder) doesn’t need the property until after the completion date and you are willing to co-operate when the sale goes ahead.
If the judge decides to stop or delay the bailiffs’ visit, you should contact the bailiffs’ office at the court to make sure that they are aware that the eviction has been stopped or delayed. If the judge doesn’t agree to this, the eviction will go ahead. Contact a local advice centre if you need help finding alternative accommodation.