Permission to apply for Warrants of Possession – An update

Permission to apply for Warrants of Possession – An update

On 19 October 2016, the Court of Appeal in the case of Cardiff County Council v Lee (2016) EWCA Civ 1034 made it clear to landlords that following a Defendant/tenant’s breach of a Suspended Possession Order (“SPO”) they must first ensure that they obtain permission from the Court to apply for a warrant. Our note on this decision can be found here.

Following this Court of Appeal decision, in December 2016 the Court produced and released 2 new Court forms to be used by landlords when requesting a warrant for possession. Our note on the Court forms can be found here.

Civil Procedure Rules (CPR) Update – 1 October 2018

The relevant rule contained at CPR 83.2(3)(e) regarding a landlord seeking permission to enforce an SPO was amended on 1 October 2018. This amendment confirms that the Court’s permission to enforce an SPO based on a Defendant/tenant’s failure to pay money is no longer required. This will come as a relief to landlords seeking to enforce an SPO without undue delay, following a Defendant/tenant’s failure to comply with the terms of an SPO based on rent arrears.

This amendment to the CPR does not affect the position for breaches of an SPO in other cases such as anti-social behaviour, where permission from the Court will still be required.

Court Forms N325A and N445

Although this CPR amendment does not presently include an update to the Court forms N325A and N445 it is understood that the CPR committee are reviewing whether the current Court forms will need to be changed. We await a further update from the committee in this regard.

In the meantime, the N325A and N445 forms still require the Claimant to attach “a statement of the payments due and made under the judgment or order”. So, until the forms are amended a rent statement since the date of the SPO should still be attached to a warrant application.

 

ENDS                                                                                                                                 OCTOBER 2018

 If you have any queries on this update or if you require further information on how the Property Dispute Team can assist you please call +44 1753 876 800 and ask for the Property Dispute Team or email propertydisputes@owenwhite.com


 

About the Author:  Jessica Waters

 

 

 

 

  • Jessica has experience in dealing with a wide range of commercial matters including disputes on land contracts, property customer care issues, adverse possession, restrictive covenants, easements, dilapidations and disrepair
  • Jessica advises a number of clients on Housing and Leasehold management issues
  • Jessica is an experienced Court advocate and regularly obtains possession orders for issues including on grounds of anti-social behaviour, rent arrears, tenancy fraud, sub-letting, section 21, trespass and forfeiture
  • Contact: jessica.waters@owenwhite.com

 

About Owen White:

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