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Posted 21 December 2016
New Warrant of Possession Forms
In October, we reported on the case of Cardiff County Council v Lee (Flowers) . Subscribers will recall that the case decided that where a landlord wishes to enforce a Suspended Possession Order, they must apply to the court for permission first.
Following that decision, HM Courts & Tribunal Service have issued new Warrant of Possession forms to use where there has been a Suspended Possession Order. There are two types of form depending on whether there has been a previous warrant or not.
The N325A is used to request a first warrant on a Suspended Possession Order breach and the N445 is to use where the landlord is requesting a warrant to be reissued (i.e where there has been a breach of the terms of an order suspending or staying a warrant). Where a landlord has an outright Possession Order, the N325 form can still be used.
These forms are to be used from 20 December 2016. Details about the process are yet to be released but we recommend that the landlord provides a basic statement setting out the breaches; whether that be anti social behaviour or rent due but not paid. We still take the view that the judge considering the request for permission for the warrant will decide it on paper.
As far as we are aware, these forms are not available for use with Possession Claims Online so landlords will have to complete and print off a paper copy and send to the court with the statement of breaches.
We’ll let you know when we hear more but in the meantime, please do get in touch with Tozers’ Housing Team if you have any queries.
Further advice Please contact our specialists Simon Sanger-Anderson, Sarah Schooling, Jenny Lloyd or Adele Atkinson at Broadwalk House, Southernhay West, Exeter EX1 1UA call: 01392 204515 or email: firstname.lastname@example.org