by David Asker
8:57 AM, 8th April 2016, About 8 years ago
Following our recent article on the new process for evicting tenants from residential property under a High Court writ of possession, we now have more information to share with you.
In her recent practice note the Senior Master of the Queen’s Bench Division has announced a new form to be used when applying for permission to issue a writ of possession. This development helps formalise the writ issuing process, so that a writ of possession may be issued for enforcement, i.e. eviction of the tenants, by a High Court Enforcement Officer (HCEO).
Apply during the initial claim
Permission (leave) to apply for the transfer is often made under Section 42 of the County Courts Act 1984.
We strongly advise landlords to apply for leave to transfer up at the point of starting the initial claim. This request should be made in the original claim form. If this request is not made in the claim form then a separate application must be made using form N244 which will incur further costs and delay the process.
There is now a new form which is the PF92, which is to be used to apply for an “order for permission to issue a writ of possession in the High Court to enforce a judgment or order giving possession of land against anything other than trespassers”. A PF92 is now required before a Writ of Possession can be issued.
PF92 can be applied for using a standard application notice (again form N244). Notice of this application is given to the defendant. For court purposes, this is issued on a “without notice” basis and will attract a court fee of £100.
You can download the PF92 form from the HMCTS website. http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1766
Once we have clarified all points, we will provide a detailed briefing, along with process diagrams. We will also update our eBook on this subject and run a webinar in May.
The process appears to be pretty straightforward and it should be fairly fast. An eviction carried out by an HCEO will still, in the majority of cases, be the fastest and most effective means of repossessing property.
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