Nearly Legal: Housing Law News and Comment

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.

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