Warrant of possession
In particular (for our purposes) the rules consolidate the provisions for obtaining a warrant of possession after possession has been ordered by the court. The rules are essentially the same as before but from 6 April 2014, you can apply for a warrant of possession anytime 1 after the possession order with permission from the court only being required after 3 months in trespasser cases.
It’s a shame but there are still no time limits on when a county court bailiff must execute the warrant by.
In addition, Part 86 is a new consolidation of the stakeholder claims and applications which is something we’ve not discussed on this website before (to my memory).
Under part 86, a stakeholder (which is commonly a letting agent holding a deposit as stakeholder for both landlord and tenant) can ask the court to decide who should be paid the money if there are competing claims by two or more persons.
This is especially useful if the agent is holding a deposit as stakeholder and both landlord or tenant wish to be paid the amount and one or both have refused to use the deposit scheme dispute resolution. In this case, the agent could apply to the court as a stakeholder and ask the court to decide.
Under part 86, the court can make a number of decisions including who should be the claimant and defendant, what the agent should do with the money in the interim, and which party the money should be ultimately paid to.
Any claim must be made as a Part 8 claim and costs may be awarded as the court thinks just.
six years or more have elapsed since the date of the judgment or order [CPR 83.2(1)(3)].
- After 6 April 2014, a warrant must not be issued without the permission of the court where six years or more have elapsed since the date of the judgment or order [CPR 83.2(1)(3)]. ↩