Court’s permission is required prior to issue of warrant for (alleged) breach of suspended possession order

In September 2013 Cardiff County Council obtained a suspended possession order (“SPO”) against one of its tenants.

In August 2015 the Council applied for a warrant of possession on the basis that the tenant had breached the SPO, using Form N325.

The tenant argued that the Council was obliged to seek the court’s permission for a warrant to be issued, by reason of CPR 83.2(3), the relevant part of which provides:

“…A relevant writ or warrant must not be issued without the permission of the court where-…….

(e) under the judgment or order, any person is entitled to a remedy subject to the fulfilment of any condition, and it is alleged that the condition has been fulfilled”

The Court of Appeal (in Cardiff County Council v. Lee (Flowers) 2016 EWCA Civ 1034 ) has now held that such permission was indeed necessary and that Cardiff County Council were mistaken to think otherwise, and, very importantly, stated (at para 31):

“Social landlords must ensure that from now on their systems are such that the same mistake will not be made in future”

Practice points

• Social landlords must promptly amend systems as necessary. Do not use Form N325 for (alleged) breaches of SPOs – seek permission
• Private landlords must follow the same procedure
• The application for permission “may” be made under CPR 23 but what matters is the substance and not the form of the application…(para 30)
• …although note that the application must include the information set out in CPR 83.2(4)