The Civil Procedure Rules 1998

[F1 Warrants of possession E+W

83.26.— (1) A judgment or order for the recovery of land will be enforceable by warrant of possession.

(2) An application for a warrant of possession—

(a) may be made without notice; and

(b) must be made to—

(i) the County Court hearing centre where the judgment or order which it is sought to enforce was made; or

(ii) the County Court hearing centre to which the proceedings have since been transferred.

(3) The court may, on an application by a debtor who wishes to oppose an application for a warrant of possession, transfer it to the County Court hearing centre serving the address where the debtor resides or carries on business, or to another court.

(4) Without prejudice to paragraph (7), the person applying for a warrant of possession must file a certificate that the land which is subject of the judgment or order has not been vacated.

(5) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010.

(6) Where a warrant of possession is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of possession.

(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.

(8) A warrant of restitution may be issued, with the permission of the court, in aid of any warrant of possession.

(9) An application for permission under paragraph (8) may be made without notice being served on any other party and must be supported by evidence of—

(a) wrongful re-entry into possession following the execution of the warrant of possession; and

(b) such further facts as would, in the High Court, enable the creditor to have a writ of restitution issued.

(10) A warrant of possession to enforce an order for possession in a possession claim against a trespasser under Part 55 (“a warrant of possession against a trespasser”) may be issued at any time after the date on which possession is ordered to be given.

(11) No warrant of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.

(12) Unless the court otherwise directs, an application for permission under paragraph (11) may be made without notice to any other party.]

Textual Amendments

F1 Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)