Possession consultation
New streamlined procedures that make it easier for landlords to use a High Court Enforcement Officer (HCEO) to evict residential tenants came into force on 23rd August 2020.
Read the full details here
The Civil Procedure Rule Committee (CPRC) has examined the two different routes to possession. These are the County Court route and the High Court route to possession. The Government is holding a consultation on aligning the two routes which will include detail such as the following:
- Notice period
- Forms used
- Information included in the notice
- Length of notice
- If there needs to be a transfer up process for High Court possessions
- If there needs to be variation for mortgagors
- Limits on the exception of travellers
The need to align the processes is being driven by the lengthy waiting times for County Court bailiffs and the detrimental impact this is having on landlords along with the differing notice periods and the cost implications for the landlord.
The consultation overview is clear in its assessment that neither route is without flaw and that a re-examination of the processes and the alignment of them will be the best possible way to move forward.
