Moratorium against threatened eviction: what must you demonstrate?

First demonstrate the specific threat

Give your debt adviser the full eviction judgment and latest bailiff’s notice. Put the enforcement date at the top. A general payment reminder and an already scheduled eviction are different situations. Bureau Wsnp requires documents establishing the threat. Report the urgency immediately, even if some documents are still missing.

Have it assessed whether the threat falls within this scheme. This article concerns losing a home because of debts. If nuisance or other non-financial grounds are also involved, provide those documents too and do not assume protection against every ground for leaving. The eviction guide first helps establish the existing decision and enforcement stage.

Establish which process is actually underway

Ask the adviser to describe in writing what has been done: debt inventory, stabilisation, creditor contact and preparation of an arrangement. An intake appointment alone is not the same as an active voluntary debt-settlement process. Bureau Wsnp does not regard stabilisation by itself as that process. Specify the actual next steps and the person responsible.

A moratorium is not a decision admitting you to statutory debt restructuring either. The Article 287(4) Bankruptcy Act provisional measure concerns a different procedural stage around a Wsnp application. Have the correct combination of applications and documents checked. Disclose every previous application and decision so the adviser does not inadvertently select a route that fails to match the current stage.

Evidence payment of current fixed expenses

Prepare a budget showing actually available income, current rent, energy, health insurance and essential expenses. Include recent bank records and confirmations. Separate a benefit merely applied for or a possible job: uncertain future income is not money received. State who pays the rent, on what date and from which account, and check payments are not reversed.

The Hague District Court refused an application in 2026 because timely payment of current rent was insufficiently established. A threatening situation and children’s interests did not remove that problem. The issue is therefore not only repaying old debt but also preventing new shortfalls during protection. Discuss missing income or excessive expenditure concretely before presenting a budget as feasible.

Create an auditable debt and assistance file

Compare monthly rent arrears with payments and separate interest and costs. The rent-arrears explanation helps make that breakdown. Collect other debts, income documents and correspondence with advisers too. Identify disputed amounts and reasons; asking for temporary protection does not automatically establish the accuracy of every stated debt.

Bureau Wsnp also requires information about the nature, size and origin of debts or control of underlying causes. Have the adviser explain the information needed and what remains missing. Use one version of the chronology and number attachments. Do not present an uncertain assumption as something already confirmed by an authority.

Make the purpose and necessary duration concrete

The purpose is room to achieve a voluntary settlement, not simply delay without follow-up. Explain what will be done during the requested period and which interests it protects. Compare this with the landlord’s interests in enforcement and payment. Discuss why no voluntary solution has yet been reached and which contacts were attempted.

A moratorium can last at most six months; the actual order may be shorter and conditional. Do not expect repeated fresh six-month periods. In October 2026 Rotterdam District Court refused a repeat application after an earlier six-month moratorium, even though debt-assistance failures caused the lack of progress. Disclose all earlier protection periods and have the remaining options assessed.

Check application and enforcement as separate steps

Have a qualified adviser review current model applications, attachments and filing instructions. Discuss who files, what you sign and who informs the court of urgency. Request a copy of the final application and proof of filing. Do not mistake a draft or acknowledgment for the substantive order prohibiting or suspending enforcement.

Continue contact about the scheduled eviction as well. Ask whether voluntary postponement is confirmed in writing and the bailiff has matching instructions. If the date is very close, say so immediately and have possible interim action assessed. A special bridging order in another case does not establish that your application receives protection without the same examination.

Read the conditions and actively use the period

If protection is granted, read its start, end and payment conditions precisely. Ask how and to whom the order will be communicated. Keep evidence of every current payment and report difficulties immediately. Bureau Wsnp warns that failing conditions can cause protection to lapse automatically by operation of law. Do not rely simply on a calendar with six months circled.

Use the time for the agreed debt-assistance work and ask regularly about progress. A moratorium does not erase old debts or automatically produce a settlement or Wsnp admission. Discuss the next step and any further procedure before expiry. Following refusal, the actual enforcement position needs immediate reassessment; do not assume extra time because you are disappointed or wish to complain about debt assistance.

Prepare targeted professional assistance

Use the case-file tool to organise documents and the tenancy route to define your question. Lead with the date, actual payment capacity and debt assistance already underway. Ask who assesses the exact procedure and who monitors enforcement. A housing lawyer and debt adviser may handle different parts; make their responsibilities explicit.

Discuss fees, possible coverage and available specialist assistance. Urgent enforcement proceedings assess enforcement under a different legal framework; a Wsnp application concerns admission to a scheme. Do not choose a route just because its name sounds fastest. Keep a practical contingency plan while retaining the home remains uncertain, without treating it as agreement to eviction.

• Complete judgment and notice with enforcement date
• Written account of debt-assistance progress
• Budget with evidenced current income and fixed expenses
• Evidence of current rent and other payments
• Overview of old debts and disputed amounts
• Earlier moratoria and decisions disclosed
• Filing, order, conditions and enforcement monitored separately