Further update on warrants following suspended orders
22 December 2016
Following on from our recent article, regarding the process for applying for a warrant for possession following breach of a suspended possession order, we have been advised that the new form N325A and updated N445 for use where the court has suspended a warrant for possession within 12 months of issue of the warrant will be used temporarily until the Civil Procedure Rule Committee (“CPRC”) has consulted on the current rules.
We understand that where a landlord applies for an eviction using these new forms, which should be accompanied by a rent statement proving the breach of order, they will be considered by a District Judge who will determine whether the warrant for possession can be issued or re-issued, thereby removing the necessity to make a formal N244 application to the Court for permission. This will save landlords from incurring the additional court fee, but is unlikely at this stage to reduce the delay.
It is important to note that where possession claims which have been brought using the Possession Claims Online (“PCOL”) system, landlords must submit the relevant form on paper to the appropriate court hearing centre, rather than through the online system.
We understand that further guidance will be produced by HMCTS and that this will be distributed in due course.~
If you would like to discuss any of the contacts of this article or have any queries, please contact Paul Hayes or Elyssia White in our Real Estate Disputes team.
New Court form for Warrant Requests following suspended possession orders21 December 2016
The Court Service has released a new Request to Issue a Warrant for Possession form which is to be used where a possession order has been suspended on terms requiring the payment of rent and arrears.