Q&As

What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?

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Produced in partnership with Kevin Leigh of 33 Bedford Row
Published on LexisPSL on 01/10/2019

The following Property Disputes Q&A produced in partnership with Kevin Leigh of 33 Bedford Row provides comprehensive and up to date legal information covering:

  • What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?

What remedies are available where a party in occupation of a property fails to comply with the terms of an order for sale?

An order for sale is an order from the court. It follows a standard form. The order for sale does not take effect if, by a certain time and day, the judgment debt is paid including any costs awarded (either interim pending final assessment or an assessed sum) plus interest (which continues to run until the debt is paid).

If the amount is not paid, then the order for sale takes effect. The usual terms means that the property can be sold without reference

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