The court was asked: ‘can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to possession because of an alleged breach of the terms of a suspended possession order has not complied with CPR 83.2? ‘
Held: CPR r 83.2 were intended to provide real protection for tenants. Where an order for possession was granted under conditions, it was vital for the landlord to be able to show that those conditions had been satisfied before obtaining a warrant for possession. However, the warrant was not a nullity or void, but merely voidable. The court had a discretion under CPR 3.10 to arrange things so that a procedural error could be remedied. Here, the tenant was given the opportunity to be heard on an application to discharge the warrant, which was sufficient to cure the error.
Arden, Briggs LJJ
[2016] EWCA Civ 1034, [2016] WLR(D) 536
Bailii, WLRD
Civil Procedure Rules 83.2
England and Wales
Citing:
Cited – Vinos v Marks and Spencer plc CA 2001
The appellant claimed personal injuries. His solicitors issued a claim form within the limitation period, but only served it after the expiry of the four month period after the date of issue within which CPR 7.5 stipulated that the claim had to be . .
Cited – St Brice and Another v Southwark London Borough Council CA 17-Jul-2001
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the . .
Cited – Hashtroodi v Hancock CA 27-May-2004
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the . .
Cited – Steele v Mooney and others CA 8-Feb-2005
The claimant had sought an extension of time for service of her claim form in her action for personal injury. The solicitors in error did not include the words ‘claim form’ in their request. The judge had initially held the error was one of drafting . .
Lists of cited by and citing cases may be incomplete.
Housing, Civil Procedure Rules.
Updated: 24 January 2022; Ref: scu.570361