What if I do not have an Eviction Notice?
In some circumstances, the Court may have made an order that the Homeowner is not satisfied with and they wish to set aside the order or vary the order, the fee is significantly higher at £255.
An application of this nature is more detailed, and the hearing is typically longer as you are asking the Court to change an order that has already been put in place. An example of an application would be to amend the amount the Homeowner pays towards the arrears every month.
In other circumstances, a Homeowner might have missed their Court hearing or defended the case poorly and an outright possession order has been awarded.
You can make an application using the same N244 form, however, the hearing will not be set as quickly, hearings may not be set for months, during which time you are still under pressure from your Mortgage Lender.
Importantly, simply because you have made an application, it does not mean that your lender cannot apply for eviction. Your eviction date could come through before your application is heard, and you must make a second emergency application as described above. In cases where this has happened, the Court has refunded the £255 and accepted the £50 application instead.
We are specialists in this field and can advise you what application you need to make and when.