The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 83 E+W Writs and Warrants – General Provisions

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)

Modifications etc. (not altering text)

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)

SECTION II E+W Writs and Warrants]

[F2 Notice of execution of writs and warrants of possession E+W

83.8A.— (1) This rule applies to—

(a) writs of possession; and

(b) warrants of possession,

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

(2) Subject to paragraph (5), a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed.

(3) The notice of eviction referred to in paragraph (2) must—

(a) be addressed to—

(i) all persons against whom the possession order was made; and

(ii) “any other occupiers”; and

(b) be in the form prescribed by Practice Direction 83.

(4) The notice of eviction must 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—

(a) dispense with the requirement to deliver a notice of eviction; or

(b) extend or shorten the time by which a notice 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.]

Textual Amendments

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))