Breach of SPOs and asking permission for a warrant


03 October, 2018

On 1 October 2018, The Civil Procedure (Amendment No. 3) Rules 2018 came into effect. These amendments include a one-line addition to Part 83 of the Civil Procedure Rules 1998 confirming that there is no longer any need to make an application for permission for a warrant for breach of a suspended possession order where the breach is failure to pay rent and/or arrears instalments. Form N325 can once again be completed in these cases. It is unclear what Form N325A (which constitutes both an application for permission and a request for a warrant in one) could still be used for and the CPRC sub-committee is keeping this under review. It remains the position that a separate application for permission is required through Part 83.2(3)(e) for all non-money payment breaches of SPOs.

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