Can I Come In? – important change

In 2016 I posted a piece on enforcing suspended possession orders, following the CA case of Cardiff CC v Lee which confirmed that following the changes in the CPR in 2014 you had to apply to the court for permission to enforce a suspended possession order before applying for a warrant of possession. The development caused quite a stir at the time, as many landlords weren’t doing this.

Well, from 1st October 2018 they won’t need to bother in the most common case – the non-payment of arrears of rent or service charges – because there is a new clause being inserted into CPR r83.2(3)(e) which reads:

after “has been fulfilled” insert “(other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money)”.

It is still necessary if there are other terms – the noisy dog for example – but no need if it’s just non-payment of money. You certify the breach on the application for a warrant – form N325 – and that is it.

 

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Author: Coventry Man

A perspective from a litigation lawyer in the Midlands. After many years in Coventry I am now with David Lee Solicitors in Kenilworth, helping people with all sorts of litigation, especially property and landlord & tenant problems.

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