Friday, 14 September 2018

Eviction U-Turn Update

I warned you it was coming (see http://www.breakinglaw.co.uk/2018/09/eviction-u-turn.html). It will arrive on 1 October 2018. As from then, it will no longer be necessary to obtain the county court's permission to obtain a warrant of possession - get the bailiffs in - where the tenant has broken the monetary terms of a suspended order (for example, pay the current rent as it falls due plus £5 per week off the arrears). Permission will still be required where non-monetary terms have been broken (for example, don't play loud music between 6pm and 6am and don't let that thug of a cocaine sniffing son of yours into the flat.)

The requirement for permission to put in the bailiff will also go for breach of a non-monetary condition attached to a suspended order for seizure of goods, by way of  a High Court or county court writ/warrant of control. And to a suspended order for an order for return of goods (for example, you can keep the car on HP so long as you pay monthly instalments plus £50 per month off the arrears). 

The abolition of the need for permission in these cases will not prevent the debtor from seeking to stop the bailiff when they know they are due to pounce by applying for the writ or warrant to be suspended. Such an application should be made as soon as possible and will be given a court hearing.

The change is made by the Civil Procedure (Amendment No 3) Rules 2018 SI 2018/975.