[F1PART 83E+WWrits and Warrants – General Provisions

Textual Amendments

Modifications etc. (not altering text)

SECTION IIIE+WWrits

Enforcement in the High Court of a judgment or order for possession of landE+W

83.13.—(1) A judgment or order for the giving of possession of land may be enforced in the High Court by one or more of the following means—

(a)writ of possession;

[F2(b)proceedings for contempt of court under Part 81;]

[F3(c)where no such proceedings are brought, by a writ of sequestration.]

[F4(2) No writ of possession to enforce a notice under section 33D of the Immigration Act 2014 may be issued without the permission of the court.

(3) No writ of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.

(4) Unless the court otherwise directs, an application for permission under paragraph (3) may be made without notice to any other party.

[F5(4A) The court’s permission to issue a writ of restitution in aid of a writ of possession is required whether or not permission was required for the writ of possession.]

(5) An application for a writ of possession may be made without notice.

(6) The person applying for a writ of possession must file a certificate that the land which is the subject of the judgment or order has not been vacated.

(7) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(8) In a case to which paragraph (7) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the person applying for a writ of possession must certify—

(a)the amount of money remaining due under the judgment or order; and

(b)that the whole or part of any instalment due remains unpaid.]]

Textual Amendments