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  • In the Spotlight

    Possession Consultation

    This came through on an email from High Court Enforcement Group so I thought I should share it so as many people as possible can feed back on it.

    Possession consultation

    The Civil Procedure Rule Committee (CPRC) have examined the two different routes to possession. The two routes are 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.

    We would urge you to put your views forward, the consultation is open until 2nd May.  You can express your views here.



    Let's all get on this ! ( and seems piecemeal rather than holistic that this is being done separately to the recent housing court consultation )

    We should remember that a bailiff is only needed where someone is DEFYING A COURT ORDER to leave a property.

    If someone needs more notice to leave, the time for them to ask for that is at the possession hearing where the court can consider the matter and grant a longer time period.

    After that eviction should be swift. By giving notice of when bailiffs will attend it gives the person defying the court order the chance to drag out their defiance of the court for as long as possible.

    This does not seem like behaviour that should be encouraged by the justice system,  and if a warrant is issued for arrest the police don't write and say we'll be round 3 weeks on Tuesday .

    So zero notice of bailiffs arriving should be the norm.


    DISCLAIMER just my personal opinion - for legal advice consult a qualified professional grown-up.