On the 1st October 2018, the Civil Procedure (Amendment No. 3) Rules 2018 came into effect. Within the amendments, a change has been brought about in respect of applications for warrants for possession when a suspended possession order has been breached.
You may recall, the leading case surrounding this area was Cardiff City Council v Lee 2016. This was an important Court of Appeal case which set out that any landlord seeking a warrant for possession on the tenant’s breach of a suspended possession order must apply for permission for a warrant, with evidence of the breach.
However, on the 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 came into effect. The result of the new changes is the removal of the requirement on landlords to apply for permission to Court to issue warrants of possession following breach of the terms of suspended possession orders where the non compliant with the terms of the suspended order related to failure to maintain rent.
The amendment to the Civil Procedure Rules has clarified that there is no need to make a separate Part 83(2) application for permission for a warrant for breach of a suspended possession order where the breach is failure to pay rent and/or arrears instalments.
This is a very important change, one which is likely to be welcomed by claimants, and provided clarity on the position.
By Isabelle Alajooz who is head of the housing team at Abbotts Martin Solicitors and is based at our Brixton office. She is renowned for giving excellent advice and an outstanding level of service of her clients.