Q&As

Can an application be made to court for permission for the claimant's address to be left blank on an accelerated possession claim where the claimant is concerned for his safety? If so what is the procedure?

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Published on LexisPSL on 19/12/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can an application be made to court for permission for the claimant's address to be left blank on an accelerated possession claim where the claimant is concerned for his safety? If so what is the procedure?

The accelerated possession procedure offers a means by which landlords of dwellings let on assured tenancies can obtain orders for possession without a hearing following the expiry of a section 21 notice served under the Housing Act 1988 (HA 1988). A form is completed with copies of the tenancy agreement, the section 21 notice and such other documents as are required by the rules and is then submitted to the court.

Upon issue, the court then serves the claim form by first class post (CPR 55.13(3)) and there is then a period of 14 days for the defendant to file a defence (CPR 55.14).

After that period, if satisfied that the claimant is entitled to recover possession under the HA 1988, s 21, the judge will then make an order for possession (CPR 55.16(1)(a), CPR 55.16(2), CPR 55.17). If not, then the claim is either struck out or a hearing ordered to consider the matter further (CPR 55.16(1)(b)(c)). Provision is made for either the claimant or the defendant to apply to set aside or vary either a decision to strike out the claim or order poss

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