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Rule 3—(1) Subject to the provisions of these rules, a judgment or order for the giving of possession of land may be enforced by one or more of the following means, that is to say—
(a)writ of possession;
(b)in a case in which rule 5 applies, an order of committal;
(c)in such a case, writ of sequestration.
(2) A writ of possession to enforce a judgment or order for the giving of possession of any land shall not be issued without the permission of the Court except where the judgment or order was given or made in F1... [F2proceedings by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being proceedings in which there is a claim for—
(a)payment of moneys secured by the mortgage;
(b)sale of the mortgaged property;
(c)foreclosure;
(d)delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is alleged to be in possession of the property;
(e)redemption;
(f)reconveyance of the land or its release from the security; or
(g)delivery of possession by the mortgagee]
[F3(2A) In paragraph (2) “mortgage” includes a legal or equitable mortgage and a legal or equitable charge, and reference to a mortgagor, a mortgagee and mortgaged land is to be interpreted accordingly.]
(3) Such permission [F4as is referred to in paragraph (2)] shall not be granted unless it is shown—
(a)that every person in actual possession of the whole or any part of the land has received such notice of the proceedings as appears to the Court sufficient to enable him to apply to the Court for any relief to which he may be entitled; and
(b)if the operation of the judgment or order is suspended by subsection (2) of section 16 of the Landlord and Tenant Act, 1954(1), that the applicant has not received notice in writing from the tenant that he desires that the provisions of paragraphs (a) and (b) of that subsection shall have effect.
(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.
Textual Amendments
F1Words in Sch. 1 RSC Order 45 rule 3(2) omitted (15.10.2001) by virtue of The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(a)(i)
F2Words in Sch. 1 RSC Order 45 rule 3(2) inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(a)(ii)
F3Sch. 1 RSC Order 45 rule 3(2A) inserted inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(b)
F4Words in Sch. 1 RSC Order 45 rule 3(3) inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(d), 20(c)
Modifications etc. (not altering text)
C1Sch. 1 RSC Order 45 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(b)
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