Enforcing possession orders: clarity matters

It is often the case that where a possession order has been granted by the County Court, a landlord may seek to expedite the eviction process by having the case transferred to the High Court for the purposes of enforcement under s 42, County Courts Act 1984. CPR 83.13 governs the procedure for High Court enforcement of possession orders. Generally (though not for trespassers or in mortgage possessions) permission is required to issue a writ of possession (CPR 83.13(2)). Permission will not be given unless: ‘every person in actual possession of the whole or any part of the land (‘the occupant’) has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief to which the occupier may be entitled’ (CPR 83.13(8)(a)).

In Secretary of State for