- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (07/08/2021)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 07/08/2021.
The Civil Procedure Rules 1998, Section 83.8A is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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).
[F3(2) Subject to paragraph (5)—
(a)a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed; but
(b)if full execution of the writ or warrant has not taken place on the day specified in a notice of eviction delivered pursuant to sub-paragraph (a) relating to the writ or warrant, a further notice of eviction must be delivered to the premises not less than 7 days before the writ or warrant is or is further 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
F1Pt. 83 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
F2Rule 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))
F3Rule 83.8A(2) substituted (7.8.2021) by The Civil Procedure (Amendment No. 4) Rules 2021 (S.I. 2021/855), rules 1(2), 12
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