Q&As

Where a mortgage lender has obtained a money judgment and a possession order of the High Court, both suspended, is permission required to issue a writ for possession? Is the situation different where the suspended orders were obtained in the County Court?

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Published on LexisPSL on 18/12/2018

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

  • Where a mortgage lender has obtained a money judgment and a possession order of the High Court, both suspended, is permission required to issue a writ for possession? Is the situation different where the suspended orders were obtained in the County Court?
  • Writs of possession for land
  • Permission to issue a writ of possession
  • Suspended possession orders (County Court)

Where a mortgage lender has obtained a money judgment and a possession order of the High Court, both suspended, is permission required to issue a writ for possession? Is the situation different where the suspended orders were obtained in the County Court?

Writs of possession for land

Enforcing a High Court order for possession of land is dealt with in CPR 83.13.

Where a party has obtained a judgment or order for the giving of possession of land, it may be enforced in the High Court by any of:

  1. a writ of possession

  2. an order for committal under CPR 81.4 (enforcement of judgment, order or undertaking to do or abstain from doing an act)

  3. a writ of sequestration under CPR 81.20 (writ of sequestration to enforce a judgment, order or undertaking)

For further guidance, see Practice Note: Enforcing a judgment or order for possession of land.

Permission to issue a writ of possession

Permission will be required to issue a writ of possession to enforce an order/judgment for possession of land, unless:

  1. it is a possession claim against trespassers under CPR 55 (unless the writ is to be issued after the expiry of three months from the date of the order)

  2. the judgment or order was given or made in proceedings in which there is a claim for

    1. payment of moneys secured by the mortgage

    2. sale of the mortgaged

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