UK:
CPR Amendments - Unauthorised Tenants. Part 55 Possession Claims and CCR O.26 Warrants of Execution, Delivery and Possession
15 September 2010
Matthew Arnold & Baldwin
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Part 55 of the CPR which deals with possession proceedings is
being amended from 1 October. The amendments are as follows:
- Unauthorised tenants living in a mortgaged property are allowed
to apply to the court for postponement of the date of delivery of
possession.
- A lender must notify all tenants/occupiers of a property before
taking steps to enforce a possession order. The notice must be in a
prescribed form. The order cannot be enforced until 14 days after
notice has been given.
- An unauthorised tenant may then apply to the lender for a delay
in execution to allow the tenant time to find another home. If the
lender does not agree to an extension of time the unauthorised
tenant may apply to the court for a decision.
Note: Form N325 is amended to support this change.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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