How to apply for a possession order and enforce it

In England, private-landlord possession is now a post-section-21 court process: since 1 May 2026, new claims are built around section 8 grounds, standard possession proceedings and court enforcement. The practical sequence is notice, claim, hearing, order, warrant or High Court writ, then eviction by an authorised officer.

What are the stages of evicting a tenant through the courts?

The stages of evicting a tenant through the courts in England are: serve a valid section 8 notice, wait for the notice period to expire, issue a standard possession claim, attend the possession hearing, obtain a possession order, apply for a warrant or High Court writ if the tenant stays, and let bailiffs or enforcement officers carry out the eviction. Section 21 and the old accelerated route are no longer the normal private-landlord route: the 2025 Act omitted the assured shorthold tenancy chapter, and the new system began for private assured tenancies on 1 May 2026. The court rules still contain dead-letter accelerated-possession wording, and accelerated claims were still 36% of landlord claims in Q2 2026, but GOV.UK now says landlords cannot usually apply for an accelerated possession order even if a valid section 21 notice was served before 1 May 2026. CPR targets a hearing within 8 weeks, but MoJ statistics put claim-to-repossession at 27.1 weeks.

Can you apply for a possession order yourself, without a solicitor?

You can apply for a possession order yourself and represent yourself in court without a solicitor, but you cannot simply hand the litigation to an unregulated agent to run for you. GOV.UK states that “You have the right to speak for yourself in court without a solicitor or other legal professional,” and the Legal Services Act preserves a party’s right to conduct their own litigation. The online possession system is designed for some DIY landlords, but only for rent-arrears possession claims; if the claim is about sale, landlord occupation, anti-social behaviour or another non-arrears ground, you normally file the court forms instead. The common DIY timing errors are starting before the section 8 notice has expired, using the online service when arrears are not the sole ground, and treating N5, N119 or N120 as interchangeable when the particulars must match the ground and remedy being claimed. DIY possession is viable, but the paperwork is unforgiving.

How much does it cost to take a tenant to court for possession?

There is no section 21 court fee any more because there is no new section 21 possession route; the post-abolition county court fee is £415 to issue a possession claim and £152 to issue a warrant of possession. The Civil Proceedings Fees Order says that starting proceedings for recovery of land costs “£415” in the County Court, and the same fee applies online, so the old idea that online possession is cheaper is wrong. GOV.UK still prints £148 for a warrant in places, but the Fees Order says “On the issue of a warrant of possession or a warrant of delivery. £152,” so £152 is the safer figure to budget. Solicitor or eviction-firm fees are extra and only a small fixed amount may be recoverable: PD45 gives fixed commencement costs of £69.50 and a later judgment figure of £57.25. The court fees are predictable; the paid-representation bill is where budgets usually drift.

How do you apply for a possession order?

You apply for a possession order by issuing a standard possession claim in the county court after the section 8 notice has expired and the tenant has not left or remedied the relevant breach. GOV.UK says to “Apply to the court for a standard possession order if your tenant does not leave by the date specified on the possession notice,” which means there is no separate pre-court possession-order application. The claim form is N5, supported by particulars of claim: N119 is used for rented residential property, while N120 is for mortgage possession, so a landlord using the wrong particulars form can create an avoidable adjournment. The fee is £415 in the county court. The particulars must plead the ground, the tenancy, the notice, the rent account where relevant, and any money claim such as arrears or continuing rent/use-and-occupation. The best possession claims are boring: every date and figure matches the notice, rent schedule and form.

Can you issue a possession claim online?

You can issue a possession claim online only for an England property where the possession claim is solely on rent arrears; other standard possession claims must be filed offline. Practice Direction 55B allows the online route for a landlord’s claim “solely on the ground of arrears of rent,” and GOV.UK says “You cannot use the online service for other kinds of standard possession claims.” The practice direction is framed for England and Wales, but the live service is narrower: GOV.UK says you can only use it if you own “a property in England,” so Welsh landlords post their claims. The online fee is not discounted: GOV.UK says “You can pay the £415 fee,” and the old reduced online fee was removed when fee 1.4(c) was omitted in 2021. Online possession is therefore a filing channel, not a cheaper or broader possession procedure.

How do you evict a tenant for rent arrears?

You evict a tenant for rent arrears by serving a section 8 notice on rent-arrears grounds, waiting four weeks, issuing a standard possession claim if the arrears remain, proving the arrears at the hearing, and enforcing the order if the tenant does not leave. Mandatory Ground 8 now requires at least thirteen weeks’ unpaid rent for weekly or fortnightly rent, or at least three months’ unpaid rent for monthly rent; the old two-month/eight-week threshold is stale for private assured tenancies after 1 May 2026. Grounds 10 and 11 can be pleaded too: Ground 10 covers “Some rent lawfully due” being unpaid, but it is discretionary. The section 8 notice must allow four weeks for Grounds 8, 10 and 11, and proceedings must begin within twelve months of service. There is no private-landlord rent-arrears pre-action protocol; the published protocol applies to social landlords.

How do you get possession of a regulated tenancy?

You get possession of a regulated tenancy only by satisfying the Rent Act 1977 test: the court must find it reasonable and there must be suitable alternative accommodation or a Rent Act Schedule 15 Case, unless a mandatory Part II Case applies. Section 98 says the court shall not make a possession order for a protected or statutory tenancy unless it considers it reasonable, but it also says the court shall make an order where the circumstances fall within a Part II Case. The usual private assured-tenancy section 8 framing is the wrong starting point for a regulated tenancy. The Renters’ Rights Act brought regulated landlords into the ombudsman and database framework, but it did not replace the Rent Act possession structure. Regulated-tenancy possession is a specialist claim because the tenant’s security is older, stronger and less form-driven than the modern section 8 process.

Can you have two possession orders on the same property?

You can have two possession orders connected with the same property if the claims concern different tenancies, occupiers or parts of the building; no CPR rule caps possession orders at one per property. CPR Part 55 expressly covers recovery of land, including “buildings or parts of buildings,” so a property divided into rooms, flats or separate tenancies can generate separate possession claims. The real procedural limit is not the number of orders but enforceability: CPR 83.2 requires court permission where six years or more have elapsed before issuing a relevant writ or warrant. In practice, many possession orders are never enforced: MoJ figures for Q1 2026 recorded 16,848 landlord orders but only 6,888 repossessions. A possession order is therefore not always the final eviction event; it is often a pressure point that ends the dispute without bailiffs.

Can you skip mediation and go straight to court?

A private landlord can usually skip mediation and issue a possession claim once the notice has expired, but the court can later order or stay for dispute resolution where that is appropriate. The only possession pre-action protocol identified for rent-arrears-type possession claims applies to social landlords, not private landlords, and the general Practice Direction says parties “should consider” ADR rather than making it a gateway to possession. The old blanket line that unwilling parties can never be forced to mediate is out of date: in Churchill, the Court of Appeal said the court can lawfully stay proceedings for, or order, a non-court dispute-resolution process. The Renters’ Rights Act guidance also keeps courts as the possession route where disputes cannot be resolved. Mediation is tactically useful where payment plans or evidence gaps exist, but it is not a private-landlord precondition to starting possession proceedings.

What happens at a possession hearing, and do you have to attend?

At a possession hearing, the court either decides the claim or gives case-management directions, and a landlord should attend or send a proper representative even though non-attendance does not always automatically end the claim. CPR 55.8 says that at the hearing the court may “decide the claim” or “give case management directions,” and it also allows facts to be proved by written evidence at that first hearing. GOV.UK warns that the claim can be dismissed if the landlord or representative does not attend, but PD55A says that if a witness statement maker is absent and material evidence is disputed, the court will normally adjourn for oral evidence. The first hearing is not treated like a full trial for every procedural purpose; Forcelux v Binnie held that such a hearing was not a trial. Attendance still matters because adjournment costs time, rent and credibility.

What does adjourned generally with liberty to restore mean?

“Adjourned generally with liberty to restore” usually means the possession claim is paused without a new hearing date, and either party—usually the landlord—can apply to bring it back if the agreed terms are broken or the issue remains unresolved. The phrase is not defined in statute or the CPR; it is a case-management form of order rather than a possession order. The court’s underlying procedural power is the general CPR power to “adjourn or bring forward a hearing.” Shelter describes liberty to restore as the landlord being able to apply to reinstate the possession claim if the tenant fails to keep to the terms of the adjournment. It does not authorise eviction, it does not give the landlord a warrant, and it should not be treated as an outright or suspended possession order. The important next step is to identify what condition, evidence, payment plan or amendment must be dealt with before the claim can be restored.

How do you amend and re-serve a claim after the hearing is adjourned?

You amend and re-serve an adjourned possession claim by getting the court’s permission or the tenant’s written consent, filing the corrected N5 and particulars, and then serving the amended documents as the court directs before the restored hearing. Once a statement of case has been served, CPR 17.1 says it may be amended only with written consent or court permission. If the problem is that the section 8 grounds were pleaded wrongly, Housing Act 1988 section 8 allows grounds in the notice to be altered or added “with the leave of the court,” so the answer is not automatically to serve a fresh notice and start again. If the notice itself is defective, the court may in some cases dispense with the notice requirement where just and equitable. Do not quietly substitute new forms: ask for permission, mark the amendments clearly, and re-serve exactly what the order requires.

What is an outright possession order?

An outright possession order is an order giving the landlord a fixed date for possession and, if the tenant does not leave, the right to apply for a warrant to evict. The MoJ glossary says an outright possession order “entitles the claimant to apply for a warrant to have the defendant evicted, except in the case of suspended orders.” The term is administrative and judicial language rather than a phrase defined in CPR Part 55 or the Housing Acts, which usually refer simply to an “order for possession.” GOV.UK says the tenant must leave before the date in the order, but the enforcement reality is that the landlord still cannot remove the tenant personally: only a warrant or writ executed by the proper officer physically recovers possession. Outright means the order is not conditional; it does not mean self-help eviction is lawful.

Can the court give the tenant more than 14 days for exceptional hardship?

Yes, and the sharp point is that section 89(2)(c) switches the six-week cap off entirely where the court could make the possession order only if it considered it reasonable, so “six weeks maximum, no exceptions” is wrong for discretionary grounds. On mandatory grounds, section 89 usually caps postponement at 14 days unless exceptional hardship is shown, and then at no later than six weeks after the order. But section 89 also says those restrictions do not apply where the court had power to make the order only if it considered it reasonable. That matters more after 1 May 2026 because section 21 has gone and more private-landlord possession arguments now run through section 8 grounds, including discretionary grounds. There is no statutory definition of exceptional hardship; the safer courtroom approach is evidence, not adjectives.

What is a suspended possession order?

A suspended possession order is a possession order whose enforcement is paused so long as the tenant complies with conditions, commonly paying current rent plus arrears instalments. Housing Act 1988 section 9 gives the court power, on discretionary grounds, to “stay or suspend execution of the order” or postpone possession, but that power is disapplied where the landlord is entitled to possession on a mandatory Part I ground. A suspended order is therefore not just a warning letter: it is an order that can become enforceable if the tenant breaches its terms. It differs from an outright order because the landlord cannot normally move straight to eviction while the tenant is complying. It also differs from a postponed order because a suspended order contains a possession date but suspends execution; that distinction affects when a warrant can issue.

What is a postponed possession order, and how is it different from a suspended one?

A postponed possession order is an order where the court does not set the possession date immediately, and it differs from a suspended possession order because no warrant can issue until the court later fixes a possession date. Section 9 separates the powers to “stay or suspend execution” and to “postpone the date of possession,” and Bristol CC v Hassan confirms that the distinction is legally meaningful rather than cosmetic. Shelter summarises the operational difference: a postponed possession order is like a suspended order except that “the court does not set a date for possession.” That absence of a date is the point. With a suspended order, there is a date and enforcement is suspended on terms; with a postponed order, the court must first take the extra step of fixing the date before eviction machinery can start. Treating postponed as just another word for suspended loses the enforcement consequence.

How do you enforce a suspended possession order when the tenant breaks the terms?

You enforce a suspended possession order by applying for a warrant of possession, but a rent-payment breach is treated differently from other breaches: failure to pay money does not require the same permission step that other conditional breaches do. CPR 83.2 now carves out non-compliance with terms of suspension where the breach is “the failure to pay money,” and GOV.UK reflects the split by directing landlords to use form N244 where the suspended-order breach is not rent arrears or another payment of money. If the order was suspended on instalments, the creditor must certify the amount remaining due and that an instalment remains unpaid. This is where many older Cardiff v Lee summaries mislead landlords, because they quote the pre-amendment rule as if permission is always needed. For money breaches, the paperwork is still technical, but the route is now more direct.

Can a possession order be cancelled or overturned?

A possession order can be stayed, suspended, rescinded, set aside or appealed in the right circumstances, but the available remedy depends on the ground, timing and whether eviction has already happened. On discretionary assured-tenancy grounds, Housing Act 1988 section 9 allows the court before execution to stay or suspend execution or postpone possession, and if conditions are complied with the court may discharge or rescind the order. That power does not apply where the landlord is entitled to possession on a mandatory Part I ground, such as mandatory Ground 8 if its current threshold is met. If the order was made in a party’s absence at a trial, CPR 39.3 requires prompt action, a good reason for non-attendance and a reasonable prospect of success. There is no fixed rule limiting how many times a tenant may apply to suspend a warrant; abusive repeat applications are controlled by civil-restraint powers.

Can you get your court costs back from the tenant?

You can ask for possession-claim costs from the tenant, but in rent-arrears possession the recoverable legal costs are usually fixed and far below the amount landlords actually pay. CPR Part 45 says that, unless the court orders otherwise, the only allowed legal representative’s charges are the fixed costs specified for that type of claim. The core fixed figures are £69.50 on commencement and £57.25 on judgment, making £126.75, although the court issue fee itself can also be claimed. The county court possession issue fee is £415 and the warrant fee is £152. A legal-aid costs order may be reduced to what is reasonable for the tenant to pay, and a tenancy clause trying to make the tenant pay all legal costs may collide with the Tenant Fees Act because “relevant default” is limited to lost keys/security devices and rent unpaid for 14 days. Costs recovery is not costs neutrality.

Can you recover the rent that builds up between the order and the eviction?

You can recover rent or a daily occupation charge that builds up between the possession order and eviction if it was properly claimed, because an assured tenancy ends when the possession order is executed, not when the order is made. Housing Act 1988 section 5 says that where a possession order is obtained, “the tenancy ends when the order is executed,” so the tenant is not automatically a trespasser on the possession date. Form N119 lets the claimant ask for the tenant to “pay rent and any charge for use and occupation from the date of the order until the claimant recovers possession,” and it requires unpaid rent or use-and-occupation to be calculated as a daily figure. The warrant fee covers recovery of a money sum in addition to possession with no further fee. If that N119 line was omitted, the landlord should not assume the court will automatically add the continuing rent or occupation charge later.

What do you do once you have the possession order?

Once you have a possession order, you wait until the possession date has passed, check whether the tenant has left, and if not apply for a warrant of possession or transfer for High Court enforcement. A landlord cannot enforce possession personally: the Protection from Eviction Act says it is not lawful for the owner to enforce recovery of the premises “otherwise than by proceedings in the court.” The usual county court route is form N325, which includes the certification that “the defendant has not vacated the land as ordered.” The current statutory warrant fee is £152, despite GOV.UK guidance still showing £148 in places. A money judgment for arrears can sit alongside possession enforcement, but the bailiff’s physical job is eviction, not debt collection strategy. Abodient can help here as a compliance and document store: keeping the order, notice dates, rent schedule and overdue tasks together reduces the risk of acting before the order is enforceable.

What happens when the bailiff carries out the eviction, and do they have to give notice first?

A bailiff eviction normally happens after at least 14 days’ notice of eviction has been delivered to the premises, and the bailiff attends to give possession back to the landlord. CPR 83.8A says a notice of eviction must be delivered “not less than 14 days” before a writ or warrant is executed. If an eviction attempt fails and is relisted, the further notice period is at least 7 days, not another 14. The notice requirement is not absolute: the court can dispense with notice, and the rule does not apply to possession orders against trespassers. The practical wait is usually much longer than the notice period; MoJ figures put warrant-to-repossession median timeliness at 9.4 weeks in Q2 2026. On the day, the landlord should attend or arrange access and a locksmith, but the legal act of eviction is the bailiff’s, not the landlord’s.

Can you change the locks once you have a possession order?

You cannot change the locks merely because you have a possession order; for a residential occupier, possession must still be enforced through the court unless the tenant has genuinely and lawfully given up possession. The Protection from Eviction Act 1977 says it is not lawful for the owner to enforce recovery “otherwise than by proceedings in the court,” and a possession order is not the same thing as an executed warrant. Since 1 May 2026, a council can impose a civil penalty of up to £40,000 for illegal eviction without needing a criminal prosecution. GOV.UK does say locks can be changed for excluded tenancies or licences, such as some lodgers, but that is a different category where a possession order is not normally required. Believing the tenant has left may be a defence to some claims, but it does not turn self-help eviction into the safe route.

How do you enforce a possession order through the High Court instead?

You enforce a possession order through the High Court by getting the county court to transfer the proceedings or order for High Court enforcement, after which the order may be enforced as if it were a High Court order. County Courts Act 1984 section 42 allows the county court to transfer proceedings to the High Court, and says the judgment or order may then be enforced as a High Court judgment or order. Permission to issue a writ of possession for ordinary landlord possession was abolished in August 2020: current CPR 83.13(2) only states that a writ enforcing an Immigration Act notice needs permission, so solicitor guidance still billing a separate general permission stage is stale. The court-fee inversion is striking: sealing a High Court writ of possession costs £82, while a county court warrant costs £152. HCEOs charge commercially, so High Court enforcement is usually bought for speed, not because the total bill is lower.

Last reviewed August 2026.

Sources

• “Section 21/assured shorthold abolition: Renters’ Rights Act 2025 s.2, — "In the 1988 Act— (a)omit section 6A (demotion to assured shorthold tenancy because of anti-social behaviour); (b)omit Chapter 2 of Part 1 (assured shorthold tenancies).” Source
• “Commencement for private assured tenancies: S.I. 2026/421 reg.2, — "The following provisions of the 2025 Act, in so far as not already in force, come into force on 1st May 2026 for the purposes of assured tenancies that are not social housing assured tenancies only” Source
• “Warrant/bailiff route: GOV.UK, — "If your tenant does not follow the terms in the possession order, you can apply for a warrant for possession . This means bailiffs can remove your tenant from your property.” Source
• “CPR hearing target: CPR 55.5, — "the standard period between the issue of the claim form and the hearing will be not more than 8 weeks;” Source
• “MoJ Q2 2026 timeliness: — "Claims to repossessions median timeliness has decreased to 27.1 weeks, down from 27.9 weeks in the same period in 2025.” Source
• “MoJ Q2 2026 warrant timeliness: same URL — "Warrants to repossessions median timeliness has decreased to 9.4 weeks, down from 10.1 weeks in the same period in 2025.”
• “Accelerated possession closure: GOV.UK, — "You cannot usually apply to the court for an accelerated possession order, even if you gave your tenant a valid section 21 notice before 1 May 2026.” Source
• “CPR accelerated-possession dead-letter wording: CPR 55.11, — "the claim is brought under section 21 of the 1988 Act to recover possession of residential property let under an assured shorthold tenancy other than a demoted assured shorthold tenancy; and” Source
• “MoJ Q2 2026 accelerated share: MoJ bulletin, same Q2 URL — "In Q2 2026, 32% (7,449) of all landlord possession claims were social landlord claims, compared to 32% (7,617) private landlord claims and 36% (8,569) accelerated claims.”
• “Self-representation: GOV.UK, — "You have the right to speak for yourself in court without a solicitor or other legal professional.” Source
• “Litigant exemption: Legal Services Act 2007 Sch 3, — "The person is exempt if the person is a party to those proceedings, and would have a right to conduct the litigation, in the person's capacity as such a party, if this Act had not been passed.” Source
• “Reserved legal activity offence: Legal Services Act 2007 s.14, — "It is an offence for a person to carry on an activity ('the relevant activity') which is a reserved legal activity unless that person is entitled to carry on the relevant activity.” Source
• “Online service limitation: GOV.UK, — "You cannot use the online service for other kinds of standard possession claims. For example, if you intend to sell your property or your tenant has broken the terms of the lease.” Source
• “County court possession fee: Civil Proceedings Fees Order 2008 Sch 1, — "1.4 On starting proceedings for the recovery of land: (a) in the High Court; £559 (b) in the County Court; £415” Source
• “Warrant fee: Civil Proceedings Fees Order 2008 Sch 1, — "8.6 On the issue of a warrant of possession or a warrant of delivery. £152” Source
• “Fixed possession costs: PD45, — "TABLE 4: rule 45.20 – amount of fixed commencement costs in a claim for the recovery of land (including possession)... £69.50 | £77.00 | £15.00” Source
• “Online fee: GOV.UK, — "You'll have to pay £415 using a debit or credit card or Direct Debit.” Source
• “Apply after notice expires: GOV.UK, — "Apply to the court for a standard possession order if your tenant does not leave by the date specified on the possession notice.” Source
• “PD55B arrears-only online route: — "(a) a landlord against a tenant or contract holder, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or” Source
• “PD55B service addresses: same URL — "(4) the defendant has an address for service in England and Wales; and”
• “England-only live service: GOV.UK, — "You can only use this service if: you're over 18 you own a property in England” Source
• “Online fee deletion: S.I. 2021/588 art.2, — "(e) omit the entry for fee 1.4(c);” Source
• “Ground 8 arrears threshold: Housing Act 1988 Sch 2, — "(a) if rent is payable weekly or fortnightly, at least thirteen weeks' rent is unpaid; (b) if rent is payable monthly, at least three months' rent is unpaid;” Source
• “Section 8 notice period: Housing Act 1988 s.8, — "5E, 5F, 5G, 8, 10, 11, 18 four weeks beginning with the date of service of the notice” Source
• “Section 8 twelve-month limit: same URL — "those proceedings will not begin later than twelve months from the date of service of the notice.”
• “Ground 10: Housing Act 1988 Sch 2, — "Some rent lawfully due from the tenant— (a) is unpaid on the date on which the proceedings for possession are begun;” Source
• “UC arrears carve-out: same URL — "any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.”
• “Social-landlord protocol scope: — "This Protocol applies to residential possession claims in England and Wales brought by social landlords (such as local authorities and housing associations).” Source
• “Rent Act reasonableness: Rent Act 1977 s.98, — "a court shall not make an order for possession of a dwelling-house which is for the time being let on a protected tenancy or subject to a statutory tenancy unless the court considers it reasonable to make such an order” Source
• “Rent Act mandatory Part II Cases: same URL — "the court shall make an order for possession if the circumstances of the case are as specified in any of the Cases in Part II of Schedule 15”
• “Case 11 notice dispensation: Rent Act 1977 Sch 15, — "it is just and equitable to make and order for possession of the dwelling-house, the court may dispense with the requirements of either or both of those paragraphs” Source
• “Regulated landlords in ombudsman/database: GOV.UK Renters’ Rights Act guide — "all private landlords in England with assured or regulated tenancies will be required by law to join, including those who use a managing agent”
• “CPR possession of parts of buildings: CPR 55.1, — "a claim for the recovery of possession of land (including buildings or parts of buildings)” Source
• “Six-year writ/warrant permission threshold: CPR 83.2, — "A relevant writ or warrant must not be issued without the permission of the court where six years or more have elapsed” Source
• “MoJ Q1 2026 claims/orders/warrants/repos: — "Claims: 22,733 / Orders: 16,848 / Warrants: 10,172 / Repossessions: 6,888” Source
• “ADR Practice Direction: — "Litigation should be a last resort... the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings.” Source
• “Churchill ADR power: — "The court can lawfully stay proceedings for, or order, the parties to engage in a non-court-based dispute resolution process” Source
• “CPR ADR power: CPR 1.4, — "ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution” Source
• “Courts remain possession route: GOV.UK Renters’ Rights Act guide — "where a dispute cannot be resolved through other methods, the involvement of the courts will continue to be a necessary part of the possession process”
• “Possession hearing outcomes: CPR 55.8, — "At the hearing fixed in accordance with rule 55.5(1) or at any adjournment of that hearing, the court may—(a)decide the claim; or (b)give case management directions.” Source
• “Written evidence at first hearing: same URL — "any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.”
• “GOV.UK non-attendance warning: — "you or your representative do not attend the hearing” Source
• “PD55A adjournment for absent statement-maker: — "If the maker of a witness statement does not attend a hearing; and the other party disputes material evidence contained in his statement, the court will normally adjourn the hearing so that oral evidence can be given.” Source
• “Forcelux first hearing not trial: — "In my judgment, the hearing before DJ Hudson on 11 September 2007 was not a trial.” Source
• “Liberty-to-restore legislation absence: — "Your text search for 'liberty to restore' in the English language of legislation has returned no results.” Source
• “CPR adjournment power: CPR 3.1, — "adjourn or bring forward a hearing” Source
• “Housing Act 1988 s.9 mandatory-ground disapplication: — "This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—(a)on any of the grounds in Part I of Schedule 2 to this Act” Source
• “Shelter liberty to restore: Shelter Legal — "the landlord can apply to reinstate the possession claim if the tenant fails to keep to the terms of the adjournment. This is called a liberty to restore.”
• “Section 8 grounds altered with leave: Housing Act 1988 s.8, — "the grounds specified in such a notice may be altered or added to with the leave of the court.” Source
• “CPR 17 amendment: — "If his statement of case has been served, a party may amend it only—(a)with the written consent of all the other parties; or (b)with the permission of the court.” Source
• “CPR 38.7 reissue after discontinuance: — "A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if they discontinued the claim after the defendant filed a defence” Source
• “Notice dispensation: Housing Act 1988 s.8, — "the court considers it just and equitable to dispense with the requirement of such a notice.” Source
• “Outright possession glossary: MoJ glossary PDF — "The court, following a judicial hearing may grant an order for outright possession of land. This entitles the claimant to apply for a warrant to have the defendant evicted, except in the case of suspended orders.”
• “GOV.UK outright order effect: — "This means your tenant must leave your property before the date given in the order.” Source
• “Shelter on possession date: Shelter Legal — "The tenant does not have to leave on the date for possession given in the order.”
• “Section 89 exceptional hardship/cap: Housing Act 1980 s.89, — "shall not be postponed... to a date later than fourteen days after the making of the order, unless it appears to the court that exceptional hardship would be caused” Source
• “Section 89 discretionary-ground exemption: same URL — "The restrictions in subsection (1) above do not apply if— ... (c) the court had power to make the order only if it considered it reasonable to make it”
• “Suspended/postponed powers: Housing Act 1988 s.9, — "the court, subject to subsection (6) below, may—(a)stay or suspend execution of the order, or (b)postpone the date of possession, for such period or periods as the court thinks just.” Source
• “Bristol CC v Hassan distinction: — "The distinction between suspending the execution of the order and postponing the date for possession is also made in s.85(2).” Source
• “Postponed order no date: Shelter Legal — "A postponed possession order is the same as a suspended order, except the court does not set a date for possession on a postponed order.”
• “CPR 83.2 money-breach carve-out: — "(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled (other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money);” Source
• “GOV.UK N244 split: — "form N244 if your tenant broke the terms of a suspended order for possession other than in relation to rent arrears or other payment of money” Source
• “CPR instalment certificate: CPR 83 — "(7) In a case to which paragraph (6) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the creditor must in the request certify— (a) the amount of money remaining due under the judgment or order; and (b) that the whole or part of any instalment due remains unpaid.”
• “Rescind/discharge after compliance: Housing Act 1988 s.9 — "(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.”
• “CPR 39.3 set-aside test: — "the court may grant the application only if the applicant – (a) acted promptly... (b) had a good reason... and (c) has a reasonable prospect of success at the trial.” Source
• “Civil restraint after totally without merit application: CPR 23, — "23.12 If the court dismisses an application... and it considers that the application is totally without merit...” Source
• “CPR 45 legal costs: — "45.16. —(1) In any case to which this Section applies, unless the court orders otherwise, the only costs allowed in respect of a legal representative's charges are those specified in this Section.” Source
• “EX50 £16 suspension fee: — "Application to vary (amend or change) a judgment (or order), suspend enforcement or suspend a warrant of possession or stay a High Court writ £16” Source
• “Legal aid costs protection: LASPO 2012 s.26, — "(1) Costs ordered against an individual in relevant civil proceedings must not exceed the amount (if any) which it is reasonable for the individual to pay...” Source
• “Tenant Fees Act relevant default: — "In this paragraph “ relevant default ” means— (a) the loss of a key... or (b) a failure to make a payment of rent in full before the end of the period of 14 days...” Source
• “Tenancy ends on execution: Housing Act 1988 s.5, — "Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.” Source
• “N119 continuing rent/use-and-occupation: Form N119 — "pay rent and any charge for use and occupation from the date of the order until the claimant recovers possession of the property;”
• “N119 daily figure: Form N119 — "Any unpaid rent or charge for use and occupation should be calculated at £ per day.”
• “No extra fee for money with possession warrant: Civil Proceedings Fees Order 2008 Sch 1 — "Where the recovery of a sum of money is sought in addition, no further fee is payable.”
• “Self-help unlawful: Protection from Eviction Act 1977 s.3, — "it shall not be lawful for the owner to enforce against the occupier, otherwise than by proceedings in the court, his right to recover possession of the premises.” Source
• “N325 certification: Form N325 — "I certify that (1) the defendant has not vacated the land as ordered”
• “CPR 83.8A 14-day notice: — "a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but” Source
• “CPR 83.8A 7-day further notice: same URL — "a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed.”
• “CPR 83.8A dispense with notice: same URL — "dispense with the requirement to deliver a notice of eviction or any further notice of eviction or any further notices of eviction; or”
• “CPR 83.8A trespasser exception: same URL — "This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers”
• “Illegal eviction civil penalty: Protection from Eviction Act 1977 s.1A, — "The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £40,000.” Source
• “Criminal Law Act 1977 s.6: — "the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence” Source
• “Excluded occupier locks: GOV.UK, — "You can then change the locks on their rooms, even if they still have belongings in there.” Source
• “Belief tenant left defence: Housing Act 1988 s.27, — "it shall be a defence for the defendant to prove that he believed, and had reasonable cause to believe—(a)that the residential occupier had ceased to reside in the premises” Source
• “County court transfer: County Courts Act 1984 s.42, — "Subject to any such provision, the county court may order the transfer of any proceedings before it to the High Court.” Source
• “High Court enforcement after transfer: same URL — "the judgment or order may be enforced as if it were a judgment or order of the High Court”
• “High Court speed: Partridge v Gupta, — "I was told that an eviction can usually be carried out more quickly by instructing an authorised High Court Enforcement Officer ('HCEO') than leaving it for execution by the County Court Bailiffs.” Source
• “CPR 83.13 current permission wording: — "No writ of possession to enforce a notice under section 33D of the Immigration Act 2014 may be issued without the permission of the court.” Source
• “High Court sealing fee: Civil Proceedings Fees Order 2008 Sch 1 — "On sealing a writ of control/possession/delivery. £82”
• “HCEO fee basis: High Court Enforcement Officers Regulations 2004 Sch 3, — "3 per cent of the net annual value for rating shown in the valuation list in force immediately before 1st April 1990 in respect of the property seized” Source