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Scott Taylor
Scott Taylor, Solicitor
Category: UK Law
Satisfied Customers: 41
Experience:  18 years practice on the High Street and in the City of London
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Can you set aside a warrant of possession? In an emergency?

Customer Question

Hi can you set aside a warrant of possession? In an emergency?
Submitted: 1 year ago.
Category: UK Law
Expert:  Scott Taylor replied 1 year ago.

Dear *****,

You will need to complete form N244 and ask the Court to suspend the Warrant for Possession as soon as possible.

You will need to do this today and ensure that the application is lodged at the Court where the Order for Possession was made, ideally by hand if you are local, before 4.00pm today. If not you should attend the Court office as it opens tomorrow and lodge your application. Court offices normally open at 9.30am. You will need to explain to the Court office the importance of an early hearing and ask that this matter is put before a District Judge as soon as possible in the circumstances. You can lodge applications by fax however the absence of your personal attendance means that it is likely that your application will be delayed in handling by the Court staff which will be of no use to you if the warrant is to be executed tomorrow.

There is a fee payable on the application of £155.00 but if you are of limited means the Court staff can help you to complete form EX160 which will reduce the Court fee payable depending on your means.

I attach a link to a form N244 that you can complete online and print off - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

I also attach a link to the fee remission form EX160 - http://www.lease-advice.org/documents/ex160-eng-2015.10.pdf

I hope that this helps and I wish you good luck.

Please do not forget to rate my reply so that I can close your question and receive my fee.

Kind regards

Scott