Enforcement of possession order

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Enforcement of possession order content

Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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8th Apr
Practice notes
CPR 83 provisions regarding writs and warrantsCPR 83 and CPR PD 83 contain rules governing the issue of writs and warrants For general guidance on CPR...
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6th Apr
Practice notes
This Practice Note considers CPR 83 and CPR PD 83 which govern procedure in relation to the issue and duration of writs and warrants of execution.Much...
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6th Apr
Q&As
This Q&A assumes that the tenancy of the garage (the Property) is an assured shorthold tenancy (AST) (rather than a long lease) and that the...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
A warrant for possession must not be issued without the permission of the court where six years or more has lapsed since the date of the judgment or...
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Produced in partnership with Elizabeth England of 42 Bedford Row 22nd Jan
Q&As
A possession order is enforced by warrant of possession. Once the date by which possession has been ordered to be given has passed, the claimant may...
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22nd Jan
Q&As
For the purposes of this question, we have assumed that the family member who is to be removed from his mother’s home has never paid any rent for his...
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Produced in partnership with Christopher Snell of New Square Chambers 22nd Jan
Q&As
This Q&A considers whether it is necessary to serve a notice to quit as a precursor to possession proceedings, in circumstances where the tenant has...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan
Q&As
Case studyA landlord is granted possession under section 8, the possession date has passed and the tenant appears to have vacated. The landlord has...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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