CPR Update: Enforcing suspended possession orders

The Civil Procedure (Amendment No 3) Rules 2018 will come into effect on the 1 October 2018.

This includes a small but important change to Part 83 of the Civil Procedure Rules 1998 – the Part which concerns the enforcement of a suspended possession order discussed in Cardiff City Council v Lee (2016) EWCA Civ 1034. Please read our previous article here.

Following consultation, the amendment removes the requirement for a separate application for permission for a warrant where there is a breach of a suspended possession based on rent arrears (i.e. a failure to pay the rent and/or the arrears instalments).

An application for permission is still required under Part 83.2 (3) (e) for all non-money payment breaches of suspended possession orders.

This will be welcome news for landlords who will be able to proceed to enforcement on rent arrears cases without the delay of having to obtain the Court’s permission.

For more information contact Rebecca Brady or Lee Russell.

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