Do I need leave to enforce possession warrant on ordinary AST?

Do I need leave to enforce possession warrant on ordinary AST?

10:52 AM, 18th May 2021, About 5 months ago

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I wonder if anybody can assist me? I applied for possession in accordance with s21 in January after first applying to the Court in March 2020 in respect of a normal AST. Eventually, after numerous errors by the Judge, I was granted a possession order in April.

The tenant is 6 months in arrears, so I applied for a Warrant of Possession.  The Court has now come back to me setting out a hearing for leave to enforce a possession warrant. I can’t see having looked into it that the Court has that right unless say it is for a suspended possession order. Why do I need leave?

I have provided the correct forms and supplied a statement showing the Tenant is more than 6 months in arrears. Has anybody else had this problem and does anybody know of any power that the Court have to enforce a hearing for leave in these circumstances?

The Court has also sent back to me and I assume the Defendant the actual N325 where I have advised that Police presence will be necessary which I believe should not have been sent to the Defendant and must be covered under data protection regulations- Has anybody else had their completed N325 (Request for Warrant of Possession ) sent to the Defendant?

The upshot is the possession is delayed again which seems to be the intent of the Courts.

Simon



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