OpenLegislation

Rule 83.8A Notice of execution of writs and warrants of possessionF1F2

(1)

This rule applies to—

(a)

writs of possession; and

(b)

warrants of possession,

other than writs and warrants excluded by paragraph (6).

(F32)

Subject to paragraph (5)—

(a)

a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but

(b)

if full execution of the writ or warrant has not taken place on the day specified in a notice of eviction delivered pursuant to sub-paragraph (a) relating to the writ or warrant, F4or on or by the day or days specified in any further notice of eviction or further notices of eviction delivered pursuant to this sub-paragraph relating to the writ or warrant, a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further executed.

(3)

The notice of eviction referred to in F5paragraph (2)(a) and any further notice of eviction or further notices of eviction referred to in paragraph (2)(b) must each—

(a)

be addressed to—

(i)

all persons against whom the possession order was made; and

(ii)

“any other occupiers”; and

(b)

be in the F6relevant form prescribed by Practice Direction 83.

(4)

The F7notice of eviction and any further notice of eviction or further notices of eviction must each be delivered by—

(a)

inserting it through the letter box in a sealed transparent envelope; or

(b)

if that is not practicable—

(i)

attaching a copy to the main door or some other part of the land so that it is clearly visible; or

(ii)

if that is not practicable, placing stakes in the land in places where they are clearly visible and attaching to each stake a copy of the notice in a sealed transparent envelope.

(5)

The court may F8(at the request of any person)—

(a)

dispense with the requirement to deliver a notice of eviction F9or any further notice of eviction or any further notices of eviction; or

(b)

extend or shorten the time by which a notice of eviction F10or any further notice of eviction or any further notices of eviction must be delivered,

but may not exercise its powers under sub-paragraph (b) so as to postpone the date of execution of any writ or warrant of possession beyond the last date permitted for that purpose by or under any enactment.

(6)

This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers, other than possession orders against persons who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

Annotations

Textual amendments

F1

Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

F2

Rule 83.8A inserted (20.9.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(3), 16(1) (as amended by S.I. 2020/889, rule 3(a))

F3

Rule 83.8A(2) substituted (7.8.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(2), 12

F4

Words in rule 83.8A(2)(b) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(a)

F5

Words in rule 83.8A(3) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(b)(i)

F6

Word in rule 83.8A(3)(b) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(b)(ii)

F7

Words in rule 83.8A(4) substituted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(c)

F8

Words in rule 83.8A(5) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(d)(i)

F9

Words in rule 83.8A(5)(a) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(d)(ii)

F10

Words in rule 83.8A(5)(b) inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 19(d)(iii)

Notes on Part 83

Textual amendments

F2

Words in Pt. 83 Table of Contents omitted (6.4.2021) by virtue of The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(a) (with rule 2)

F3

Words in Pt. 83 Table of Contents inserted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(b) (with rule 2)

F4

Words in Pt. 83 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 19(1)(c) (with rule 2)

Modifications

C1

Pt. 83 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(e), 24.6(1)