More on 1 October – breach of Suspended Possession Order

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 will come into effect. The bit that concerns us is basically a one line change to Part 83 Civil Procedure Rules 1998 codifying the position 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 leaves the Cardiff City Council v Lee  (2016) EWCA Civ 1034 (our report here) position that an application for permission is required through Part 83.2(3)(e) for all non-money payment breaches of SPOs.

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in Assured Shorthold tenancy, assured-tenancy, Housing law - All, Possession, secure-tenancy and tagged , .

3 Comments

  1. Whilst that is half way good news it’s a shame they’ve not included other breaches of tenancy e.g. Asb
    or acts of waste damaging property. In some courts such applications are dealt with by paper application, in others we’ve had to have an oral hearing, adjourned for defence to application being filed and then a mini trial. Pointless, delaying and expensive really.

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