CPR amendments – Unauthorised tenants. Part 55 Possession Claims and CCR O.26 Warrants of Execution, Delivery and Possession

Part 55 of the CPR which deals with possession proceedings is being amended from 1 October. The amendments are as follows:

  • Unauthorised tenants living in a mortgaged property are allowed to apply to the court for postponement of the date of delivery of possession.
  • A lender must notify all tenants/occupiers of a property before taking steps to enforce a possession order. The notice must be in a prescribed form. The order cannot be enforced until 14 days after notice has been given.
  • An unauthorised tenant may then apply to the lender for a delay in execution to allow the tenant time to find another home. If the lender does not agree to an extension of time the unauthorised tenant may apply to the court for a decision.

Note: Form N325 is amended to support this change.

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