A recent publication by the Transport Committee recommends that pavement parking be made illegal and for new offences to be introduced.
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where an SPO has been breached.
This has caused great difficulties for landlords nationally; due to the uncertainty left by the case, there are differing approaches taken by courts across the country with some requiring simply a formal N244 application notice and others demanding a witness statement and a draft order. It also meant an increase in court costs as a £100 issue fee for each application was necessary.
Today (20/12/2016) we are pleased to confirm the release of a new court form following emails with the Civil Procedure Rules Committee and, no doubt, the national feedback. Form 325A request for a warrant of possession of land following an SPO – has been released as a “work around” and can be used from 20th December 2016.
Form N325A allows for a schedule of payments due and made to be attached to the warrant request. The N325A and the schedule will then be referred to a judge for consideration and for permission to issue the Warrant to be either granted or refused. This means that a separate N244 application is not necessary, nor is a witness statement in support. No separate application notice fee is payable either which means a substantial cost saving.
This procedure will now be followed in all county courts alleviating the uncertainty for landlords.
The new form is available from the Court Service website and can be found by clicking here.
What is still unclear is the approach to be when enforcing SPOs based on ASB where there has been a breach. The new form 325A refers solely to a payment schedule and doesn’t allow for ASB orders. Further clarification is being sought on this point at present. In the meantime, landlords should carefully follow any procedure set out in the ASB SPO for the issue of a Warrant following breaches.
The Civil Procedure Rules Committee will be consulting in the new year regarding a formal amendment to the court rules following the Cardiff case so watch this space for further proposed amendments in the near future and respond to the consultations!
For more information
Please contact Alex Loxton or any member of the Housing Litigation team on 0121 212 7400.
Our response to the Government’s consultation “A New Deal for Renting” has now been submitted following the consultation closing on 12 October.
In response to the Women and Equalities Select Committee Report back in July 2018 on sexual harassment in the workplace, the Government is looking at a number of initiatives.
What do you do if an employee persists in raising the same concern, again and again, taking up copious amounts of management time and patience
Creating an inclusive and diverse workplace culture is no longer seen as “management speak” but rather as a necessity for success.
The Court of Appeal held that no pro-rata mechanism was included in the Working Time Regulations 1998, and so part-year employees were entitled to 5.6 weeks’ paid holiday just like their colleagues wo
In the latest Chambers and Partners rankings, Anthony Collins Solicitors has maintained its position as a Band 1 law firm.
An issue being brought into public view in the latter part of this decade, thanks to a healthy handful of royals and celebrities, is the existence of hidden disabilities.
Whilst we all wait in limbo for the UK’s future in Europe, Hazel covers some basics worth noting...
Looking at the Conservative’s latest proposal about shared ownership right to buy, concerns from associations about the impact that might have on their funding ability are well placed.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.