Q&As

If you receive a County Court order for possession of solely commercial premises and—the date for possession passes without the tenant vacating, can the landlord change the locks, or is the landlord obliged to instruct a County Court bailiff/High Court enforcement officer to do this?; want to transfer it to the High Court for a writ, do you have to wait until the time has lapsed on the possession order to apply for a transfer and writ or can you apply straight away?

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Published on: 10 May 2022
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Firstly, consideration should be given to the statutory restrictions under section 6 of the Criminal Law Act 1977 (CLA 1977) which provides that it is a criminal offence to threaten or use force to gain entry when someone is physically at the premises and opposes re-entry.

CPR 83.26(1) states:

‘A judgment or order for the recovery of land will be enforceable by warrant of possession.’

While on its face, CPR 83.26(1) does not explicitly go as far as saying that an order for the recovery of land can only be enforceable by warrant of possession, it arguably

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United Kingdom
Key definition:
Date for possession definition
What does Date for possession mean?

The date, in the building contract, when the contractor is granted possession of the site by the employer so that it can commence construction of the works.

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