Q&As

A landlord has obtained a County Court possession order. The date for possession has expired but the tenant remains in occupation. Where the tenant has issued applications for permission to appeal the possession order and for a stay of enforcement, can the landlord issue an application for a warrant of possession and attempt to enforce the possession order before the tenant's applications are heard and determined?

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Published by a LexisNexis Property Disputes expert
Published on: 07 July 2022
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CPR 83.26 applies where a party has obtained a judgment or order for the recovery of land and seeks to enforce it in the County Court. Such a judgment is enforceable by a warrant of possession.

The application may be made without notice—CPR 83.26(2), and permission is not generally required to issue a warrant for possession, other than in certain specified circumstances, which do not relate to ongoing appeals.

However, case law in the context of applications

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Jurisdiction(s):
United Kingdom

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