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Application for permission to issue a writ of possession (rule 83.13)

Document Cited authorities 3 Cited in Related
Vincent
Published date21 March 2018
Subject MatterKing's Bench forms
Particulars of claim____In the

PF 91

Application for permission to issue a writ of possession

(rule 83.13)

Parties should use Form N244 and include in the relevant paragraph

“an order in Form PF 92 for permission to issue a writ of possession to enforce the judgment or order dated (date) whereby it was ordered that the (party) do [by (date)] give possession to the (party) of the land described in the said judgment or orders as (state the description as set forth in the judgment or order).”

The applicant must, in accordance with rule 83.13(8) show

(a) that every person in actual possession of the whole or any part of the land (the occupant) has received such notice of the proceedings as appears to the court sufficient to enable the occupant to apply to the court for any relief to which the occupant may be entitled; and

(b) if the operation of the judgment or order is suspended by section 16(2) of the Landlord and Tenant Act 1954 , that the applicant has not received notice in writing from the tenant that the tenant desires that the provisions of section 16(2)(a) and (b) of that subsection shall have effect

and should do so by filing evidence in support of the application.

The application should also observe the requirements set forth in the Practice Direction cited at [1955] 1 W.L.R. 1314 and [1955] 3 ALL E.R. 646 in respect of occupation protected by the Rent Acts.

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